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Questions and Answers > EB-5 Forms

What happens to the application of dependents if the principal EB-5 applicant leaves the US without advance parole after filing I-485 together?

After the EB-5 I-526 becomes approved and the priority date becomes current, as the principal applicant, I would like to file I-485 with my children together in the US. What happens to the I-485 application of my kids if I leave the US without advance parole? Would they be withdrawn, too, like my application?

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Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, if the principal travels without advance parole, that will result in the applications of the derivatives also being deemed abandoned.

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    Sunwook Sunny An

    Immigration Attorney
    Answered on

    As I-485 is an individual application for each person, their applications will not be automatically withdrawn/cancelled. However, as they are your derivatives, if you abandon your permanent residency process, then their applications and status will be in jeopardy as well.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes they will be denied.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Yes, all I-485s will be deemed abandoned and subsequently denied.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If the principal cannot be approved, the derivatives will also be denied.