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How can the family of the principal EB-5 applicant maintain their green cards?

I am a businessman with a successful business. I would like to invest in the U.S. EB-5 program and get green cards for my family and myself. But say after two or three years, I realize that my business in the United States is not doing well. It would not make sense to me to continue making losses if I already have one established business outside the United States. Could I then surrender my EB-5 green card and go back without affecting my family's green cards? How could my family keep their green cards even if I gave up mine?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    This may actually be possible after full, lawful permanent residency is obtained. That is, you need to be able to show job creation during the two years of conditional residency first. After that, each person has their own green card, and one family member (even the principal) surrendering theirs should not affect the others.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It may be a better option if your wife is a principal investor and you gift funds to her. This is because their status will depend on your (principal's) status until the I-829 is approved and conditions on residence are removed. This may take on average four to five years given that it takes several steps to get there and overall current processing times.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If the principal applicant investor abandons his or her green card prior to the I-829 approval (removal of condition), all of the dependents will lose their status as well. One strategy might be to make your wife the principal investor from the beginning. That way, if you abandon your green card before the condition is removed, it will not affect their green cards.

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    Echo Meisheng King

    Immigration Attorney
    Answered on

    If you have petitioned for EB-5 by establishing your own business in the United States, the business itself must qualify as an EB-5 investment project. Your investment capital must be maintained in the same business throughout the entire EB-5 process, and the job creation requirement must be met until the approval of the I-829. In the event you decide not to pursue U.S. permanent residency and return to your home country before the I-829 approval, you will be unable to withdraw the investment capital, or your family members will not qualify for the removal of conditions. Your business in the United States must remain operational, and the required jobs must be created and maintained until I-829 approval.

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    John J Downey

    Immigration Attorney
    Answered on

    If you fulfill the requirements of the EB-5 program, and invest the money and create the jobs during the two-year conditional phase, then your green card becomes permanent and even if you abandon your business, there is no need to abandon your green card. Your family members need not give up the green card once it becomes permanent.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you are the principal investor, you have to maintain the investment and status until the I-829 removal of condition application has been approved. The process could take four to five years from the time that you made the investment and filed the EB-5 petition. If you think there is a chance that you may want to give up your green card, but your wife and your children will stay and keep their green card, the best option is for your wife to be the principal investor.

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