How can derivatives obtain green cards without the main EB-5 applicant?

The principal EB-5 investor, with the representation of an experienced EB-5 immigration attorney, can try to complete the biometrics through the U.S. embassy so as to complete the approvable I-829 to be filed. On this basis, the dependents may continue also to obtain their unconditional permanent residency.

Derivatives' status depends on the primary EB-5 applicant. Please consult an immigration attorney to review options for derivatives. The primary applicant may also be deemed to have abandoned LPR status in the United States if he has not obtained a reentry permit and is absent from the United States for longer than one year.

This is a difficult situation for the dependents, as they can have no greater rights than the primary applicant. However, you are referring to the Form I-829 petition to remove conditional status. There is no reason why in that case the primary applicant cannot file the I-829 petition irrespective of where one may be. Another problem is if the primary applicant cannot leave his home country at some point, certainly after 12 months, the primary applicant could be deemed to have abandoned his U.S. lawful permanent residency. Assuming you are referring to the I-526 EB-5 petition, then it would be more difficult for the family members to obtain permanent residency if the primary applicant cannot be issued his immigrant visa and enter the United States. It is the primary petitioner that must file the I-829 petition to remove conditions.

They should be able to obtain the conditional permanent residency. Where the circumstances are somewhat unique, they should retain immigration counsel to represent them.

Have the attorney check on having him do his fingerprints overseas.

Only if the primary applicant is dead or they divorced - I am not sure if there is an exception for people banned from leaving.

Unfortunately, the derivative beneficiaries (dependents of the EB-5 investor) are, at this stage of green card processing, dependent on the EB-5 investor and his ability to maintain his status (i.e., successfully remove his conditional permanent residence). That being said, at the I-829 stage, there is no biometrics requirement. A side note: if he has plans to stay abroad at lengths, he should file for a reentry permit to preserve his permanent residence in the United States.

They cannot. If the primary does not immigrate, derivatives cannot either.