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How can I add my spouse and son to the EB-5 application at the I-829 stage?

When I applied for EB-5 as the principal applicant, only my 15-year-old daughter joined me and got her conditional green card. My spouse and 10-year-old son stayed in India. Now I am about to file the I-829 application. Can I add my spouse and son to my application at this stage? What is the procedure?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    At this stage, they will need to file to "follow-to-join" your lawful permanent resident processing, but they will not be able to be added to your I-829 processing.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You have to apply for following to join benefits application for your spouse and son and then consular process them.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Before they could be added to your condition removal application, they must first become the conditional residents themselves. Please have your lawyer file the following to-join application for them and get them in here.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They cannot be added but you can file an I-130 for each of them and start the process of obtaining permanent residency for them.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can list your spouse and minor child, but that will most likely not succeed in granting them green cards. It would be advisable to file a following to join derivative application and have them apply for a green card at the U.S. consulate abroad.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your spouse or 10-year old son who stayed in India, as opposed to applying for their conditional permanent residency, may still qualify as "following to join." You should obviously pursue and file your I-829 application, and your spouse and son should immediately start their process for qualifying for an immigrant visa through the appropriate American consulate in India. You would have to have the USCIS provide the National Visa Center and the appropriate consulate with evidence that you qualify for conditional permanent residency. At the time of their interview and admission into the U.S., they would either qualify for either conditional permanent residency or permanent residency if you had already had your conditions removed.

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