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What happens to derivatives if the principle EB-5 investor passes away?

I got a conditional green card due to my father’s EB-5 investment and he has recently passed away. My I-829 status is pending. However, I am now married to a U.S. citizen. Should I try to apply for a green card through my husband even though I was previously denied a card when I tried to apply through marriage because INS does not allow dual green cards. Or, should I continue to apply for the I-829 and remove my conditional green card even though my father has passed?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    You should be able to continue with I-829 processing. Please check with the immigration attorney who filed your I-829 case.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It appears you have dual options. You have to either withdraw the I-829 and pursue a green card through your husband or keep the I-829 petition and stop pursuing the green card. Since your father had paid the required investment of $500,000 and invested time to process the I-829, as long as all the prerequisites for I-829 are met, you may want to stick with the process. Advisably, before you proceed, further consult your EB-5 attorney and reconsider both options.

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    Olivia Orza

    Immigration Attorney
    Answered on

    My deepest condolences for your father's passing. You should be able to continue the process and file an I-829 application.

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    Charles Foster

    Immigration Attorney
    Answered on

    I am sorry to hear about your father passing away. Given the fact that you have already acquired conditional Permanent Residency, you should be able to maintain your status. In any event, since you are married to a U.S. citizen, you would have the option of reacquiring your residency through your spouse's petition and your Application for Adjustment of Status. In all likelihood, that would not be necessary. In your case, since your father has passed away, either you or your mother would need to file the Petition to Remove Conditions on Form I-829. If there are several children, it most likely should be your mother.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You can continue with the I-829 processing.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Sorry to hear about your loss. You can continue to process your case via the I-829. The issue with filing a new green card is you continue to be a green card holder until revoked or abandoned, so have to surrender the EB-5 one first to apply for another based on marriage.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    I am sorry to hear about your father's passing. My deepest condolences. If the investment is still invested and has not been released upon your father's passing and the project or business has created the requisite number of jobs, derivatives may still file and get approved for the removal of conditions after the principal investor has passed away. Please check with the regional center or the business in which your father had invested to see what your options are and if other investors' I-829s have been approved.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You may continue with the I-829, as your green card belongs to you.

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