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How can EB-5 dependents file I-829 separately from the main applicant?

The dependent spouse and child adjusted their status through I-485, and their applications were pending when the principal investor filed his I-829. So now the dependent spouse and child need to file I-829 separately from the principal investor. For dependents who are not investors, do they need to fill in Parts 6, 7, 8 in I-829, and attach "Evidence that the investor sustained their investment in the NCE"? Or is submitting the principal investors I-526 and I-829 receipt sufficient to link the dependents'' applications to the principal investor?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would still submit evidence, which should still be available from the Primary''s I-829.

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    Kristal Ozmun

    Immigration Attorney
    Answered on

    If the I-829 of the principal is still pending, they can simply amend his filing to be added.

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    Phuong Le

    Immigration Attorney
    Answered on

    I would fill out those parts and add an explanation at the back of the form that explains they are a dependent beneficiary and list the name of the primary applicant and the I-829 petition receipt/WAC number. It does not hurt to resubmit the evidence to make the job of the USCIS easier, but it is up to your filing attorney.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    While every application should stand on its own, and it is safe to make sure all required supporting documentation is included, you need to reference the receipt for the principal applicant and explain that they are derivatives connected to that application. There is no exception for derivatives to submit skeleton applications so best to be complete.