Questions and Answers > EB-5 Requirements

How can I remove conditions from my conditional EB-5 green card after getting a divorce?

I am the spouse of a principal EB-5 investor and both of us received our conditional green cards recently. Now he wants a divorce as soon as possible. I do have documents of the original investment, but assuming no documentary support from him, how will I handle turning the temporary green card into a permanent one in two years? How can I proceed alone if we get a divorce at this stage?

Answers

• Lynne Feldman

  Immigration Attorney

  Answered on October 24, 2022

  Have to file your own I-829 with supporting documents.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on October 24, 2022

  If you are divorced and your spouse refuses to include you in the application you can still file a separate I-829 application although you will need supporting documentation.

• Dennis Tristani

  Immigration Attorney

  Answered on October 7, 2022

  You can still remove conditions on your green card if you divorce during your conditional residency. The I-829 instructions confirm this: If you are the conditional permanent resident child of an investor and you have reached 21 years of age or married during the period of conditional permanent residency, investor, who was divorced from the investor during the period of conditional permanent residence, you may still be included in the investor''s petition or you may choose to file a separate petition.