+1-800-997-1228

Free Evaluation

Please click here to get started
Questions and Answers > EB-5 Requirements

How will marrying a U.S. citizen affect my conditional EB-5 status?

I came to the U.S. four years ago under the EB-5 application of my parents. I am currently engaged to a U.S. citizen and I was wondering if marrying him would take me out of the EB-5 application of my parents. Would I still be able to apply for citizenship in a year? Or would my marriage reset the clock?

Click here for a Free Evaluation

Answers

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    Marriage to a U.S. citizen should not affect your conditional permanent residence. You must remove the conditions if that has not yet been done.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you were under 21 years old and not married when the I-526 petition was filed, then your EB-5 case as a dependent should continue if you get married now. This situation involves the application of the Child Status Protection Act which is involved. For this situation, you should get legal advice from an immigration attorney during a consultation appointment.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Marriage alone does not disqualify you and you can continue with the existing case, but you should notify USCIS you are now married. You could apply for a new green card based on the marriage, but that will be a conditional green card and most likely you need to leave the U.S. to process the green card abroad.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Marrying a U.S. citizen would allow you to apply for citizenship after living with the USC for three years provided the conditions on the Permanent Residency were removed and 10 year PR card issued.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    If you already have permanent residence status (green card), you just need to file for your U.S. citizenship 4 years and 9 months before the 5-year anniversary date of your green card. Your marriage will not have an effect.

  • Avatar

    Mitch Wexler

    Immigration Attorney
    Answered on

    Once married, you would no longer be eligible to immigrate as a "child" of the principal applicant. You WOULD be able to immigrate as the spouse of a U.S citizen. The wait period to apply for citizenship as a spouse of a U.S. citizen is only 3, not 5 years. Best to consult with experienced counsel to navigate through this.

  • Avatar

    Dennis Tristani

    Immigration Attorney
    Answered on

    Marrying a U.S. citizen will not affect your current EB-5 processing. You can remove conditions (I-829) and apply for citizenship after the approval of the I-829 (assuming you have accumulated at least 5 years of permanent resident status).