How can I file an I-824 for my wife while she is still a conditional EB-5 green card holder? - EB5Investors.com

How can I file an I-824 for my wife while she is still a conditional EB-5 green card holder?

Her 2-year EB-5 green card expires soon and she does not intend to submit removal of conditions due to Covid-19. She is in the US now. Do I need to wait for her to leave the US to file I-824 or can I file now? And would she be able to visit Canada and come back to the US before her green card expires? Would that cause a denial of the I-824?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

It is hard to understand why your wife would not file a removal of conditions because of Covid. It is also hard to see how a following to join petition could be approved for a permanent resident. You could maybe file an I-130 petition if she planned to surrender, but that does not make sense either. She wants to leave the US because she is afraid to get Covid?

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

I do not see why she will not file the I-829 – it is just a paper filing and does not require her to be here.

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