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What is the status of dependents after I-526 approval?

I will be planning for the EB-5 visa soon. After approval of the I-526, I understand a two-year conditional green card will be allotted to me, my wife and my children below 21 years. What will be the status of my wife and children during this stay? Can my wife legally work in the United States during this period? Can my children go to school in the United States?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The spouse and children (under 21 years old when the I-526 petition was filed) will obtain conditional permanent residency, which allows travel, employment authorization and attendance at school.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    A conditional permanent resident is still a permanent resident. Once entering the United States, all green card holding family members can work and attend school.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    All members of the family will be on the conditional green card. Also, all of them will be able to go to school, hold a job and do everyday activities except voting. If the petition is filed through a regional center, the family can live any where in the United States.

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    Richard A Gump, Jr

    Immigration Attorney
    Answered on

    Your wife and children may apply for immigrant visas along with you. You will need to ask the National Visa Center to add your wife and children to your case so that they can apply. In other words, your wife and children will have permanent residency and all the rights and privileges that it holds (i.e., work, travel).

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    John J Downey

    Immigration Attorney
    Answered on

    Once you receive the conditional green card, you and your dependents may work and study in the United States.

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    Charles Foster

    Immigration Attorney
    Answered on

    Upon approval of your I-526 EB-5 investor petition, you are eligible to either apply with your dependents (your wife and unmarried children under the age of 21) at the appropriate American consulate abroad in your home country with jurisdiction once visa numbers are available. If you and your dependents are physically in the United States, you can apply for adjustment of status to become Lawful Permanent Residents once visa numbers are available, provided you have maintained your temporary nonimmigrant status. You do not have any status based upon the I-526 EB-5 petition approval until you have either applied for an immigrant visa or adjustment of status. The status during the time of your conditional permanent residency is just that; you are a Conditional Permanent Resident with all the rights of a Lawful Permanent Resident during that period of time. Yes, your wife can legally work once she is a Conditional Permanent Resident and your children can go to any public school or private school based upon in-state tuition provided to residents rather than non-residents.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The conditional green card is identical to the full green card in granting full rights to all eligible and qualifying family members.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    They will have the right to work and study like any other permanent resident.

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    Anthony Korda

    Immigration Attorney
    Answered on

    During the period of conditional residence, the investor, the investor's spouse and any unmarried children under the age of 21 who were included in the petition and/or visa case will have all the rights of permanent residents. They will be entitled to work and/or attend school and college, etc.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you consular process for immigrant visas from abroad after approval of the I-526, your spouse and unmarried children under 21 will also consular process with you (or follow to join) and arrive in the United States on immigrant visas as conditional permanent residents. Green cards and social security cards arrive in the mail after admission to the United States on immigrant visas. Your children can study in school, and you and your spouse are authorized to work in the United States. Alternatively, if you reside in the United States in another lawful immigration status, you are eligible to file for adjustment of status in the United States to conditional permanent resident, and your spouse and children will file with you generally upon approval of your I-526. While you are waiting for adjustment of status adjudication by USCIS, you and your spouse will be eligible to receive employment authorization and your children may study in school.

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    Michael A Harris

    Immigration Attorney
    Answered on

    You, your wife, and children (who will remain under 21 years of age, as calculated by the Child Status Protection Act or CSPA) will be able to live and work anywhere in the United States. Your children can attend school, and your wife will be employment authorized with a green card, too. You should also know that after approval of the I-526, you will need to either consular process overseas, or apply for the green card within the United States if you are maintaining nonimmigrant status.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    They also are Conditional Permanent Residents (CPR). As CPR, they are able to live and work anywhere without restrictions and attend any school like any other permanent residents for the term of the CPR. After you file the I-829 Removal of Conditions two years later, this CPR status is extended automatically for one year with the receipt notice and then renewed until the I-829 is adjudicated. Your immigration attorney should be able to tell you exactly what to expect at each step of the way.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The "green card" process under the EB-5 immigrant investor program is a two-step process. After the I-526 is approved, you and your immediate family will have to process either for adjustment of status (if you are all present in the United States) or immigrant visa processing (if you are all present abroad). After this second step is approved, you are all allotted conditional permanent residence. During this conditional permanent residence period, you are accorded all the benefits as a "green card" holder and can live, work and study in the United States. If you are filing for adjustment of status in the United States, you can also apply for a work permit to allow you/your family to work during this part of the processing.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes. Once she has a green card, she can legally work in the United States.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    Your wife and children will be derivatives of you and will get conditional lawful permanent residence. They can work, go to school, etc.

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