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DEUX-MONTAGNES · EB-5 FIELD GUIDE

When should the earlier case be withdrawn, if ever?

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THE DIRECT ANSWER

Starting EB-5 does not itself impose a universal withdrawal date for another petition. Review the actual case, its deadlines and any benefits or status tied to it before withdrawing. Coordinate the lawyers’ advice so that an action in one file does not unexpectedly undermine the other.

Sequencing across the EB-5 stages

EB-5 moves through petition, visa availability, then an immigrant visa abroad or a legitimate adjustment, conditional residence, and later Form I-829, ordinarily filed during the ninety-day period immediately before the second anniversary of conditional residence. Chargeability usually follows country of birth, so a Canadian address or passport alone does not fix your queue. Withdrawal timing should be weighed against those stages, not a calendar guess.

Withdrawal is the clearest example of a decision that may not be yours to take. Where an employer filed the earlier petition, it can generally withdraw it whether or not that suits your plans, and it may choose to do so for reasons of its own once it learns you are pursuing a different route. Consider what you actually need to disclose and when, and take advice on that before the conversation rather than after it.

On your own file the stages set out above form the frame: ask counsel to weigh any contemplated withdrawal against them rather than against a date that suits the earlier employer. The two matters can generate opposing pressures in the same week, one party wanting a decision and an adjudicator wanting consistency, which is exactly why the sequencing question belongs to the advisers jointly rather than to whichever of them is asked first.