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Questions & Answers

What happens if an EB-5 derivative has a different green card expiration date?

I am the main EB-5 applicant, with my two kids and my husband under my application. My kids and I already received our green cards, but my husband got his immigrant visa and green card later than me (both of us have different green card expiration dates). When it is time to file the I-829 petition, can I include my husband in the petition? Or does he need to wait until he has resided in the United States for 1 year and 9 months?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    An experienced EB-5 immigration attorney will be able to advise you. At the I-829 stage you can include your husband.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    All EB-5 dependents should be included on the principal's I-829 petition, regardless of the green card expiration date.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    I believe your husband will have to wait until the statutory period is reached.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Look at the instructions, but if there is too much of a time gap, then he files a separate I-829.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You, as the main investor, hold the key dates, and it is your I-829 petition that will affect your family's permanent residency.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    You file the I-829 based on your expiration date as you are the main investor.

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    You should file your I-829 petition based upon your status and all family members deriving status with you should be included in the petition.

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