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Question:

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How does a pending I-529 affect the filing of an I-485? My husband is about to file an I-485 based on EB-5. I am supposed to file with him. However, I am in the pending process of an I-539 and a USCIS request for evidence. I wrote a withdrawal letter to USCIS and I am waiting for their decision. The problem is that I canceled my status last month (out of status), and now, everything is in pending process. Am still in authorized stay according to i-485 edibility? Can I file an i-485 before my I-539 has a final decision?

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Answers:

July 21, 2014 16:01 Ed Beshara

On the basis of an I-526 petition being approved you can apply for conditional permanent residency. If you are in legal non- immigrant status,such as B-2 visitor status, only then you can file an I-485 application in the U.S. This application will lead to the granting of conditional permanent residency. If you are not in legal status you can not file an application for conditional permanent residency status.

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