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What benefits does the spouse of an EB-5 investor receive?

I am in the process of applying for an EB-5 visa. My wife is already in the United States, but she has no status. Once approved, can my EB-5 visa benefit my wife?

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is in your best interest to consult an immigration attorney regarding possible options for your spouse. Generally, she will not be able to adjust in the United States upon approval of the I-526 if she is out of status. She may also be subject to a 3 or 10 year bar to return to the United States depending on how long she has been out of status, and whether or not she entered without inspection will also matter.

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    Gus Shihab

    Immigration Attorney
    Answered on

    The answer to your question depends on a variety of factual variables. If your wife was initially inspected and admitted into the United States, and did not overstay the date on her I-94, the problem could be resolved through consular processing. Unfortunately, Form I-526 does not have a field eliciting information about dependents. Hence, in order for your wife to receive immigration benefits, you must submit a copy of her passport and your marriage certificate along with the I-526 petition. If your wife's current immigration situation is what I have just described, it would be best to select the consular processing choice on Form I-526 in order for your wife to benefit. If you choose the adjustment of status option, you will have to file Form I-824 Application for Action on Approved petition in order to start the consular process for your wife. On the other hand, if your wife was not inspected or admitted to the United States, or if your wife exceeded the date on her I-94 by 180 days or more, she will be subject to the penalties of unlawful presence. Unlawful presence may be waived by applying for a waiver to show that her removal from the United States would impose hardship to a U.S. Citizen, or lawful permanent resident (LPR) spouse or parent. If she does not have a parent as a qualifying relative, it is best to wait until you receive your permanent residence then apply for a waiver of the unlawful presence bar. Your question requires more facts and this is the most comprehensive answer based on what you have provided. I would highly suggest you discuss your case with a competent immigration lawyer.

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    Yazen Abdin

    Immigration Attorney
    Answered on

    This question depends on several factors. Things to consider are, did your wife enter with or without inspection? If she is out of status, how long has she been in that position? Your case sounds fact-intensive and you should consult with your immigration attorney before taking action.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It would depend on if she entered with or without inspection, and how long she has been in the United States without status. Please consult with experienced U.S. immigration lawyers as this can be a challenging process that requires careful legal analysis.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Thank you for your question. I need more information to give you a more comprehensive response. From the looks of it, your spouse is out of status or has no status and is in the United States. With this in mind, your spouse would not be able to adjust status, absent possible waivers that may exist.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, the spouse of the investor gets a green card just as the primary filing spouse. Specifically in your case, the claim that your spouse is in the United States without status indicates that your wife is living in the United States without authorization. This is not good; in fact it is not likely that your spouse will be given an EB-5 visa because she has been living in the United States without authorization.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If she is without status, she is likely out of luck, but an attorney can figure this out for her. If she has been out of status for less than 180 days, have her go home right away.

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    John J Downey

    Immigration Attorney
    Answered on

    Your wife would be eligible for a conditional residence along with yourself. However, if she is currently in the United States and out of status, she may have some trouble in adjusting. Best if you retain immigration counsel now.

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    Anthony Korda

    Immigration Attorney
    Answered on

    If your wife is unlawfully present in the United States she may be unable to adjust status or obtain a visa unless she can qualify for a waiver. To discuss the specifics of your case, you should consult an experienced immigration attorney.

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    Charles Foster

    Immigration Attorney
    Answered on

    Under certain circumstances your spouse can achieve Lawful Permanent Residency (LPR) as your spouse. Assuming she was in lawful status, she could achieve her LPR status at the same time you could. However, if she is in the United States but has no status, that is tricky and it depends upon when she entered the United States, and whether she would be eligible for adjustment of status. If not, she would have to depart the United States to apply for her immigrant visa and unfortunately could be become subject to a three year or 10 year bar, which makes it impossible for her to be issued an immigrant visa. You should consulate with qualified experienced immigration counsel, preferably Board Certified in Immigration and Nationality law.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Normally, an EB-5 investor could bring his spouse and all his unmarried children under 21 with him on the same conditional residency status as dependents. However, if your wife is illegally in the United States, there is not much that can be done unless she leaves and goes back to the home country. Depending on how she entered and how much unlawful presence she has accrued, there may be a three or 10 year bar to her returning back to the United States. But, if you are starting the EB-5 process, the faster she leaves, the faster she could get through the bar as the EB-5 process takes a minimum of two years anyways these days.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Ordinarily a spouse can get the same immigration benefits, but if they are in the United States and accruing unlawful presence, there are issues as they could be subject to three or 10 year unlawful presence bars when they leave. They must not be out of status for even one day if they want to adjust status in the United States under EB-5.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    An EB-5 approval in and of itself will not be able to do much to help her. However, your attainment of a green card or U.S. citizenship could open doors for her later. You should speak with an immigration attorney to make a long-term plan on how she may eventually be able to get lawful status.

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