Seeking an EB-5 visa should not influence the outcome of a pending I-130 petition. There is no need to withdraw a pending family petition to apply for an EB-5 visa, as there is an existing matching intent to immigrate to the United States. All petitioners, including prospective EB-5 investors, are permitted to apply for more than one immigration petition; there is no prohibition against having multiple pending immigration petitions.
If, for example, the prospective EB5 investor’s I-130 petition is denied, this will not negatively affect the outcome of the EB-5 investor’s pending I-526 petition or any part of their EB-5 process. There is also no conflict if the EB-5 investor files Form I-526 during the processing of their family petition.
Prospective EB-5 investors should be mindful that the information they provide in their I-526 petition must be truthful and consistent with the information they provided in their pending family petition. Any fraudulent information given to United States Citizenship and Immigration Services (USCIS) would jeopardize the chances of having either petition approved.
If the EB-5 investor’s family petition is approved first, the relative they wish to sponsor can apply for a U.S. green card. If the beneficiary has already been lawfully admitted to the United States and is physically present at the time the family petition is approved, they will need to apply for adjustment of status by filing Form I-485, Application to Register Permanent Status or Adjust Status.
If beginning the EB-5 process, the investor would benefit from hiring an immigration attorney to help facilitate the process and navigate through its complexities. All EB-5 investors should conduct thorough due diligence on the available EB-5 investment options in order to select a project with minimal financial and immigration risk. Naturally, all these activities can be done while the EB-5 investor’s family petition is still pending.
