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Can I still file for the I-829 petition for Removal of Conditions if my family is out of the US?

My mother is the primary applicant of my family''s EB-5 visa (Regional Center Program). However, due to some limitations, all of my family, except me, has been outside the States for more than one year. I can help them file the tax return every year, but I want to know if there will be a problem while filing I-829 to remove the condition for me and my family?

Answers

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    Shahzad Q Qadri

    RC Creator
    Answered on

    The purpose of a greencard is to maintain residency in the US. If you have been out of the United States for an extended period of time, this may result in a denial as the USCIS will deem that you do not wish to live here. Other factors play into the mix i.e. did they seek authorization to remain outside of the US?

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    I hope your family have obtained the re-entry permit before leaving U.S. and staying out more than a year. If not, there is a good chance that USCIS may consider their green card abandoned. If your mother''s green card is still valid, she could do the removal of condition, but it would depend on whether she had not given up her green card. You and others who have gotten your green card based on hers would be in jeopardy if she is considered to have abandoned/given up her green card. Please consult with your attorney immediately to determine what the status of your mother''s and your case would be.

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    Ed Beshara

    Immigration Attorney
    Answered on

    This the type of question needs to be answered by an experienced EB-5 attorney. As you are aware, the filing of the I-829 application occurs immediately before the two year anniversary of the termination of the conditional permanent residency. It is advisable for the applicants to all be physically present in the U.S. at the time of filing the I-829 application. Once the receipt is received then the applicants can depart the U.S. and return. Upon the approval of the I-829 the permanent residency cards will be issued and sent to the applicants.

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    Philip H Teplen

    Immigration Attorney
    Answered on

    Answering your question quickly over the Internet is not easy of complete as it is important to have a full picture and balance all issues. However, I would try very hard to save your mother''s status as she is the primary from which all the family visas stem. There has been no finding of abandonment of the conditional resident status. Therefore a filing should be made and you must be prepared to explain the absences. You honestly need professional legal counsel. Feel free to contact me if you would like to discuss further.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The I-829, like the I-526, is filed by the principal investor (in this case, your mother) and must show the investment has been sustained and that the required number of jobs has been created. Derivative beneficiaries (you) will benefit from an approval of the I-829 as you did for the I-526. Please note, however, that not residing in the U.S. may case some issues, which is why we recommend retaining experienced U.S. Immigration counsel.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is good if all of you can be in the United States when filing the I-829. The procedure requires a biometrics appointment, which will be scheduled a few weeks after you file the I-829 petition. There may be a problem if they have been out of the United States for more than one year without a reentry permit. They may have abandoned their permanent residence status since they have not been living in the United States, even if they filed U.S. tax returns. If the principal applicant (the EB-5 investor) has abandoned her green card status, then none of the family members can have their condition removed either. You need to consult an experience immigration attorney, such as myself, to advise you on these issues.

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