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

The I-829 was filed on behalf of an investor in Jan. 2016. His dependents who were in the States completed their biometrics on time. However, the main applicant is banned from leaving his home country for a long time and cannot return to the States to complete his biometrics. How do his spouse and kids who are already settled in the United States get their permanent green cards? Can they file a separate I-829 in this case?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    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.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    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.

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    Charles Foster

    Immigration Attorney
    Answered on

    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.

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    John J Downey

    Immigration Attorney
    Answered on

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

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    Lynne Feldman

    Immigration Attorney
    Answered on

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

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

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

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    BoBi Ahn

    Immigration Attorney
    Answered on

    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.

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    Stephen Berman

    Immigration Attorney
    Answered on

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

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