Is it possible for an EB-5 dependent to be removed from a petition after the I-829 is filed? - EB5Investors.com

Is it possible for an EB-5 dependent to be removed from a petition after the I-829 is filed?

If so, does the dependent lose the right to qualify for a non-conditional green card?

Answers

Dennis Tristani

Dennis Tristani

Immigration Attorneys
Answered on

Yes, this can be done. You will need to notify USCIS and request that the dependent be removed from the I-829 process. The act of doing so will mean that the dependent is no longer a conditional resident - if they are in the U.S., they should depart as soon as possible.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Need more facts to advise. If dependent wishes this, then yes, but not if principal is trying to have dependent withdrawn. After conditional residence is granted, this belongs to the beneficiary and not the principal.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

Yes, a dependent can withdraw their I-829 petition. And yes, if you do not receive an I-829 approval, you do not receive a permanent green card.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

It is very unusual but if the dependent wrote to USCIS withdrawing only his or her application, they may cease to process his or her case. If you are seeking to do this as the principal, that may be possible, but I doubt they have a hard and strict rule for this. Need to be careful they withdraw only the derivative and not the principal, because if in the U.S., you may have to leave asap.

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