+1-800-997-1228
Questions and Answers > EB-5 Requirements

What happens to an I-829 petition if the principal EB-5 applicant files and then leaves the country?

My dad (principal applicant) didn''t quite enjoy his stay in the U.S. and is planning to leave as soon as the I-829 processing time is done but he doesn''t want to wait that extra 2 years. I (derivative) would still like to continue living in the United States. Can my dad file the I-829 and leave (abandon status) without affecting me getting a permanent green card? Do we have an alternative if he leaves?

Answers

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Best if he applies for a reentry permit with plans to return before it expires and not abandon his green card until you are approved.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    No, the principal cannot abandon status until I-829 is approved without negatively affecting dependent beneficiaries. Discuss options with your attorney.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If he leaves, he should apply for a reentry permit before going. If he abandons, then the rest of the family can be in jeopardy unless the mother divorces him.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    If he is outside the U.S. for more than 12 months, his green card will be cancelled. Have him ask his lawyer about applying for a Reentry Permit. Otherwise, he should come back here every six months or so to be totally safe.

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    He can file the I-829 and include you as a dependent. Once he files (so long as he also does his biometrics), he is not required to stay in the U.S. during the whole entire time the I-829 is pending.