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I as the main EB-5 applicant got my green card approved before June 30 but my spouse did not. What can we do?

I got my conditional EB-5 green card through the regional center base I-526. I am the primary applicant. My spouse has not got her conditional green card yet. Can we ask USCIS to process the dependent I-485 since the primary was already approved before June 30?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    For her case, you need reauthorization, although you can refile a second preference family petition to be ultra-safe.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It is not clear yet what their plans are with pending cases. I would think his/her card will still be produced, but check the Case Status site.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Have you asked your own lawyer to check on this for you? He/she should make sure the case wasn’t approved. I don’t think they can issue a card until Congress renews the program. But they may be willing to give you a card for a derivative family member.