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Questions and Answers > EB-5 Requirements

Do I lose my EB-5 green card if my mother cannot meet residency requirements?

I have currently 19 years old. My mother is the principal EB-5 petitioner. I am a beneficiary. We received our 10-year green card last year. I am wondering if my mother is not able to fulfill the physical presence requirements and loses her permanent residency, I automatically lose it as well?

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Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you received your permanent green card, then the status of your mother no longer affects yours; she can abandon her green card and you can keep yours.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Your permanent green card is your own. It is validity is not dependent on the green card of your mother.

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    Michele Franchett

    Immigration Attorney
    Answered on

    If your I-829 petition was already approved you should not lose your permanent residency status just because your mother does if you are otherwise maintaining a residence and intending to permanently reside in the US. Your case is separate from your mother''s. The relevance of her abandonment of permanent residency status is just one less tie you would have to the US in terms of your overall connection to the U.S. So, if you live here, most of the time, pay U.S. taxes, and otherwise maintain your permanent residence here you should be okay.

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    Charles Foster

    Immigration Attorney
    Answered on

    No, you would not lose your status should your mother lose her US lawful permanent residency status.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, your green card is independent of hers if you have 10-year one.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    At this point with your 10-year permanent residency status, you will not lose your status even if your mother loses her status. In fact from this point forward, the only thing left for you is to proceed, if you meet the requirements, to naturalization if and when you choose to pursue such a status.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Your mother must file the I-829 since you are a derivative. There are limited circumstances where you may be able to file as a principal. One is where you have reached age 21. That may provide a path.