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

How can we file for I-829 for EB-5 before our conditional green cards expire if we have no time to get a social security number?

My father is the main applicant for our EB-5 visa. We are planning on filing I-829 before our conditional green card expires on September 17. All the dependents have social security numbers and thus our agent is filing our tax returns for us, however my father does not have a social security number thus his tax returns cannot be filed. We still have over a month to get our documents straight. Is it advisable to file my dad’s I-829 without his tax returns because it’s proving really difficult for us get his social security number on time because of the appointment system and he just entered the country so he must wait 30 days before applying for a SSN. Are we going to get rejected if my dad does file for I-829 without a ssn and tax returns? What are our options?

Answers

  • Avatar

    Phuong Le

    Immigration Attorney
    Answered on

    You can still file your I-829 and if anything, file a supplemental if needed. Make sure you include the K-1s from the project though, showing that your dad is still an investor.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The issue at the time of filing the I-829 is to prove the jobs have been created. If this is a regional center application, the issue is proving the jobs were created and the investment sustained. If he does not yet have a social security number, you need to apply and you can file right up until a few days before the end of the 90-day window.

  • Avatar

    F Oliver Yang

    Immigration Attorney
    Answered on

    The I-829 filing deadline must be met. Therefore, the I-829 petition must be filed with or without a social security number. You should let your attorney decide how to explain this issue in the I-829 filing, and evaluate if an interfiling is needed.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    He should be able to get an Individual Taxpayer Identification Number (ITIN) if Dad''s trip to the Social Security office doesn’t straighten this out.