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How can I apply for EB-5 visa if spouse is already Permanent Resident?

Can I apply for the EB-5 Visa if my husband has a green card? How will it affect my husband?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you may apply for an EB-5 visa. Your EB-5 petition will not affect your husband's green card since his green card is independent from your EB-5 visa application.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Yes, that may be an option for you if you satisfy all of the requirements related the investment and source of funds, it would not impact his permanent resident status. If your husband is eligible for U.S. Citizenship in a relatively short period, you may want to wait if feasible. You should discuss options and strategies with immigration counsel to help you make an informed decision on which strategy you pursue for your own permanent residence.

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    Rachel Lew

    Immigration Attorney
    Answered on

    Yes, your husband''s green card is independent from your EB-5 immigrant visa application.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes you can. It will not affect your husband''s status.

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    Joseph Best

    Immigration Attorney
    Answered on

    Yes you can and no, it will not impact him. But the fact is that your husband can simply file for you now which will put you in the preference categories to come to the U.S.- and whenever he naturalizes- an immigrant visa will become immediately available to you as a spouse of a U.S. citizens. But there is not an issue per se by your filing for the EB-5 independently of your husband''s status. There is no conflict in the immigrant intent associated. Get in touch with specific questions you may have.

  • Avatar

    Marisa Casablanca

    Immigration Attorney
    Answered on

    Anyone can apply for an EB5 visa petition as long as they meet the requirements despite their marital status. It will not affect the spouse''s present status only in situations where the spouse will obtain residency with the investor. We are available if you have further questions.

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    Jeong-Hwa Lee Towery

    Immigration Attorney
    Answered on

    You can. Your husband''s status does not affect your eligibility to apply for the EB-5 green card.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    You can certainly apply for EB-5 even though your husband has a Green Card. It does not affect his status in any manner.

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    Richard W Moore, Jr

    Immigration Attorney
    Answered on

    You can apply for EB-5 visa if you can prove the source of your funds are legal, and that the business you will invest in will create at least 10 jobs as a result. Your application will not affect your husband''s status. But I will say if your husband has a green card, then once he has his card for 5 years, then he can apply for US citizenship, at which point he can sponsor you for your green card based upon your marriage. I would be happy to assist you and your husband.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    Yes. Your EB-5 investment and immigrant visa petition will have no impact on your husband''s immigration status.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    You can apply for EB-5, your husband will just not apply with you. But why doesn''t your husband apply for you as a permanent resident spouse?

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    Robert West

    Immigration Attorney
    Answered on

    It really has no effect. Any reason why your spouse has not filed for you?

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    You can still file for EB-5, but you may not need to (as it will likely be easier to get your permanent resident status through your husband). You need to talk to an experienced immigration attorney to determine the best strategy.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    Yes, you can apply for the EB-5 green card. It won''t affect your husband.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    EB-5 immigration option is for the investor who invests in an EB-5 business/project and her immediate family who wishes to immigrate with her. Your husband who has a green card already does not have to be included in the application and his status will not be affected by your EB-5 application. However, since the Priority Date for the spouse of Permanent Resident is October 1, 2011, less than 2 years of wait time, is there a reason for you to do EB-5 option, which also takes about 15-18 months these days? You may wish to consult with an experienced immigration lawyer to discuss various options for immigration, not just EB-5.

  • Avatar

    Qingqing Miao

    Immigration Attorney
    Answered on

    The fact that you are applying for a green card will not affect your husband''s permanent resident status. Assuming all the requirements are met, you can file your I-526 petition as the principal investor. Since your husband is already a permanent resident, you simply do not need to include him as your spouse in your I-526 petition. He also does not need to complete the green card application (should it be AOS or Consular Processing) after the I-526 petition is approved. Nevertheless, you may be eligible for family-based immigration because you are the spouse of a green card holder. Family-based immigration option could cost a lot less and could also be procedurally less complicated to pursue.

  • Avatar

    Anthony Ravani

    Immigration Attorney
    Answered on

    Yes, you can do that. But why would you want to do that? Your spouse that has a green card can apply for the other spouse to get a green card; no need to do it via investment (EB-5).

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There should be no effect on your spouse''s permanent resident status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It will not impact a spouse with LPR status and you can avoid the 2-3 year wait if your spouse were to petition for you.

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