Questions and Answers > EB-5 Requirements

How will the status of my spouse affect my EB-5 application?

I am the principal EB-5 applicant. I have filed for removal of conditions but it is not yet approved (still conditional green card). We all did our biometrics. However, my wife received another notice for biometrics, which is weird. But she missed her biometrics appointment. She was supposed to go in September 2022, but we did not get the notice in time, so she missed. We are now outside of the US. Will this affect me and our children, even though we have all otherwise completed our biometrics process?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 12, 2023

  It should not impact you or the children but she should have her biometrics done as soon as possible.

• Benjamin Hu

  Immigration Attorney

  Answered on August 23, 2023

  By the I-829 stage, each family member holds their own green card. Generally, the eligibility of one family member''s status does not affect those of others - with one important exception being that if the EB-5 investor family member withdraws their I-829, then all other family members lose their EB-5 status. In the situation where an investor and spouse and their children all received conditional residence status pending I-829 approval, changes to the circumstances of the spouse are not likely to affect the statuses of the children or the investor.

• Lynne Feldman

  Immigration Attorney

  Answered on August 22, 2023

  It should only affect her green card so she needs to take steps right away to get her biometrics rescheduled.