Would my EB-5 derivatives (two children, one younger than 21 and the other older) still be eligible for permanent green cards if I, as a principal applicant, surrender my green card after filing my I-829 and before it is adjudicated?
Answers
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyNo - you should not abandon your green card until the I-829 is approved. Doing so will jeopardize the ability of your dependent family members to remove conditions and receive their own permanent green cards. Once the I-829 is approved, you can abandon your residence without it affecting your family members.
Daniel A Zeft
Find an EB-5 Visa Lawyer: Immigration AttorneyIf the EB-5 investor decides to withdraw the I-829 petition which is pending with USCIS, then the EB-5 cases of the investor and the dependents do not continue. Your children would lose their conditional permanent residence status and could not become unconditional U.S. permanent residents.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIt would be unwise to surrender until the I-829 is approved.
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