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How does a divorce impact a "follow to join" applicant in an EB-5 petition?

We are a family of three. The father is the principal applicant. The father and the son has recently received T-5 visa from the local consulate and the mother is currently not immigrating, under the "follow to join" status. If the divorce happens a) after receiving the visa but before arriving in the US for the first time or b) after the father & son arriving in the US and receiving conditional GC, is the mother still eligible to join in the future? Or after divorce, if the mother remarries the father in the future before applying to join, is she still eligible?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    She needs to qualify as a derivative at time of obtaining immigrant visa and entering the U.S.

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    Igor Serbinin

    Immigration Attorney
    Answered on

    If spouses are divorced, the non-principal applicant will not be eligible for conditional or permanent green card. Re-marrying will work but spouses may have to show that the subsequent marriage was entered into with serious intentions. Normally this is done at the adjustment of status interview at USCIS. There will be a presumption of sham marriage that needs to be overcome by convincing evidence from the couple. Good luck.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Divorce severs the right to obtain a green card. Entering as a spouse when actually divorced may be deemed a misrepresentation. Remarriage in good faith may be a basis to immigrate - if prior to I-829 filing, it is a following to join, or possibly F2A spouse. After the I-829 is approved, only an F2A can be filed, if remarried.