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Question:

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How will EB-5 conflict with a family visa application? I have already applied for a green card through my brother, and this has been in the process for many years. What conflicts could occur if I apply for the EB-5 visa while the family visa is still processing? What obstacles might I run into?

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Answers:

June 13, 2014 14:27 Sal Picataggio

You may be required to formally withdraw the family-based application, but there shouldn't be a problem with submitting the I-526 and obtaining conditional permanent residency with the family application pending.

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June 13, 2014 15:31 Ed Beshara

It’s a great question. You can still file an investors petition and file an application for conditional permanent residency on the basis of the EB-5 investment. You can file the EB-5 petition even though you have your Brothers immigrant petition for you still pending.

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