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How does the I-829 situation of my spouse affect my case as an EB-5 conditional resident who filed an F2A?

My husband has been granted a conditional green card via EB-5. His I-829 is pending. I have been married to him for more than 2 years. I have filed F2A and my I-130 is approved but my I-485 is pending. I am assuming my I-485 may get approved before the I-829 gets a decision (it is very likely considering the processing time). My questions are, will I get a 10 year green card when my I-485 is approved? Will it still be dependent on the I-829 of my husband? Or in other words, if his I-829 gets denied, will my green card (either 2 year or 10 year) be revoked as well?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on September 25, 2023

  Yes, if you are the derivative, your ten-year card will be dependent on his I-81.

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on September 22, 2023

  This is a complex question for which you need to obtain professional advice and not an online forum query.