I”m a dependent of a principal investor on a single I-829 petition that has been pending for almost 3 years.
The principal has been maintaining his CPR status thus far using re-entry permits, but now with COVID, it”s becoming more cumbersome and challenging to continue traveling internationally and renewing I-131s.
1. What are the implications to me (dependent) and my pending I-829 status if the principal seeks to not actively maintain his CRP status through continued travels back and forth and I-131 renewals – but not officially abandoning it?
2. What happens if the principal investor dies while I-829 is still pending, does a dependent have to take any special action with the USCIS while the case is still being adjudicated?
Answers
Bernard P Wolfsdorf
Immigration attorneysIf the principal applicant dies or is divorced, the derivatives can apply separately, but if the principal abandons that will impact the ability of the derivatives to obtain status. If the I-829 adjudication is unreasonable delayed, this might even be a basis for a mandamus action.
Kristal Ozmun
Immigration attorneysUnder current EB-5 regulations, a dependent EB-5 beneficiary can independently pursue LPR status even if the principal applicant (PA) elects not to do so. It is not clear whether or how the USCIS would apply these regulations to prior filed EB-5 petitions. However, there is case law supporting this position. That is, there is a case where an EB-5 beneficiary secured LPR status even though the PA did not. As such, you may ultimately be able to obtain LPR status even though the PA does not.
Belma Demirovic Chinchoy
Immigration attorneysDeath of a principal is a special situation and one in which the dependents can proceed with their I-829 processes. A denial of an I-829 for PR abandonment, however, is treated differently and the denial of a I-829 of the principal, or abandonment, will result in the termination of CPR for the dependents. You should be discussing these questions with your attorney, the one who filed the I-829 petition.
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