+1-800-997-1228
Questions & Answers

What happens if a derivative files the I-485 after I-829 approval?

If a derivative has another valid status in the United States that allows immigration intent, what will happen if the derivative chooses to file the I-485 based on the original I-526 after the principal's I-829 has been approved? Does the derivative get the unconditional green card immediately? Or does the derivative have to wait 1 year and 9 months? If the derivative still gets the conditional green card, does the EB-5 investment have to be maintained even if the principal's I-829 has already been approved?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There are provisions for following to join a primary applicant, but after the I-829 stage, the primary permanent resident may have to apply for the family member through the I-130 process. Please discuss your options with experienced U.S. immigration attorneys.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    Was the derivative initially listed on the I-526? A derivative need not wait for an additional period of conditional residency period if the principal has received I-829 approval. Would need more particulars to be specific.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    If the derivative relationship existed prior to the conditional PR being approved then, but if they failed to adjust or consular process with the principal for some reason, then yes they can adjust. If the relationship was created after CR approval, then the principal needs to file an I-130, and if the priority date is current depending on the age and relationship, then the I-485 can be filed concurrently.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    These are grey areas. My view is USCIS has discretion to approve the full green card. However, they will likely get confused and issue a conditional card. Also, I would argue the investment should not have to be sustained, but we are still waiting for final guidance on this.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    If the derivative beneficiary of the principal beneficiary or applicant of the EB-5 immigrant investor who has already adjusted status to a permanent resident wants to adjust status to a permanent resident AFTER the principal beneficiary, then he/she may have to file to follow to join (if it is shortly after the principal beneficiary has adjusted status) or, if after I-829 approval, then you may need to have the principal beneficiary file an immigrant petition for alien relative on the derivative's behalf.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.