The main EB-5 petitioner of a pending I-829 (pending for 6 years) died abroad, and the spouse and adult child were accompany him abroad, both left US for more than a year due to medical reasons. They keep main residency and strong financial ties with US during this whole time. Can they still proceed with the I-829 application?
Answers
Bernard P Wolfsdorf
Immigration attorneysNo problem continuing I-829 after the principal applicant dies. The issue of abandonment is separate and you need to prove no intention to abandon. If you have temporary stamp or I-829 receipt, prepare evidence of no intention to abandon and if substantial should be admitted.
F Oliver Yang
Immigration attorneysYes, they can still get I-829 approval. However, the absence issue needs to be addressed separately, through SB-1 visa or a direct border entry.
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