So, long story short, I am a Korean national and applied for an EB-5 visa in 2017. And finally after five years of waiting, my I-526 was recently approved.
However, this outcome has presented a dilemma to myself and my family. Originally, myself and my lawyer expected the I-526 petition to be approved in no more than 36 months. However, due to unforeseen circumstances (Covid and the like) our I-526 petition was approved at a much later date. This poses some issues since my initial plan was to get the I-526 petition approved, stay long enough in the US (two years) to get the I-829 petition approved in the US for my children, who are studying in the US, to receive their unconditional green cards. Then, I would abandon my own green card and come back to Korea to look after my father and the family business. As far as my lawyer was concerned, this was perfectly legal. But now, after two years of delay, I will no longer be able to stay in the US for a period of two years due to my father”s deteriorating health and the family business that is trying to rebound from the days of the Covid epidemic.
Soon, in about two months, I will be getting my $500,000 investment back since it has been over 5 years since my initial investment. However, I still want my kids (both over 18) to receive their unconditional green cards and stay in the US as they wish.
Is there possibly a way for them to get their unconditional green card when I am unable to remove the condition on my own green card as the principal investor due to the residency requirement (I will not be able to stay in the US for longer than two months I would say)? I was wondering, since they are both nearly 20 years of age, wouldn”t their green card petition be separated from my own? As far as I know, the investment requirement for removing the I-829 petition (maintaining the investment for a period of time and producing 10+ US jobs) has already been met during the 5 year wait period for the approval of the I-526.
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneySorry to hear about your problems but the children are dependent on you, so unless you complete the process, they will have to leave. You can try and get reentry permits that allow you to be out if you must, but the money has to be deployed until the I-829 so the case can be refused for this reason alone.
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