How will a divorce affect permanent resident status? - EB5Investors.com

How will a divorce affect permanent resident status?

My application was accepted to invest in an EB-5 Regional Center and I brought my family to the U.S. However, there have long been issues between my spouse and I and the topic of divorce came up. Will a divorce have an affect on obtaining permanent resident status?

Answers

Reza Rahbaran

Reza Rahbaran

Immigration Attorneys
Answered on

No, your divorce should not negatively affect the removal of your condition petition. The divorced spouse may still be included in the I-829 for removal of condition.

Shahzad Q Qadri

Shahzad Q Qadri

RC Creators
Answered on

If you are the primary applicant and your wife is a dependent, she may be precluded from obtaining the greencard.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

If the divorce occurs before receiving the conditional green card, then the spouse may not be included in the case. In your situation, however, it appears that you and your family already have immigrated to the United States and received your conditional green cards. If that is the case, then the divorce will have no effect.

Lei Jiang

Lei Jiang

Immigration Attorneys
Answered on

It should not have an effect on both since the permanent resident status was obtained through investment (not marriage).

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

On the assumption that the spouse and children are in the United States with conditional permanent residency status, a subsequent divorce between the spouses will not effect the divorced spouses from each obtaining the removal of the conditions of permanent residency.

H Glenn Fogle Jr

H Glenn Fogle Jr

Immigration Attorneys
Answered on

If the divorce occurs prior to the approval of the I-826, the derivative spouse will not be able to continue on derivative status because the relationship no longer exists as of the time of the removal of conditions. Once the conditions are removed then divorce would not affect the status. Please feel free to call if you have further questions.

Rana Jazayerli

Rana Jazayerli

Immigration Attorneys
Answered on

A divorce should have no negative impact on the ability of both spouses to obtain unconditional lawful permanent residency. If a couple divorces during the conditional stage of U.S. residency, the beneficiary spouse may still be included in the filing of the I-829 petition to remove conditions. The specific regulation on this topic (8 CFR 216.6(a)(1)) specifically states that : the former spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, may be included in the alien entrepreneur''s petition or may file a separate petition.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

If you are all already permanent residents, none. If not, your spouse cannot get a green card if she is no longer a spouse.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Assuming you are within the conditional permanent resident status currently, your spouse was already listed as a derivative beneficiary. At the I-829 stage to remove conditions, your spouse could still be included, even after your divorce. You and the spouse will still need to otherwise comply with the requirements to remove conditions.

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