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How can I remove a dependent from my I-829 petition for EB-5?

I filed an I-829 Petition in 2018. It is still pending as of 2021. My (ex) husband is listed on my petition. He was required to attend a biometrics appointment, however he refused due to our divorce at the time. His notices lapsed in 2019 and requires a resubmission to be noticed again. He is not interested in assisting with my petition at all. How can I withdraw my I-829 and resubmit it without him listed as my spouse?

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You should not need to withdraw his name. Just proceed in your own name and let him worry about himself.

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    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    I would not withdraw anything; perhaps interfile. But, really, get an attorney asap.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If you are the principal applicant for the EB-5 case, DO NOT WITHDRAW the case. Just write to USCIS and tell them to take your husband''s name off the petition. If he doesn''t show up for fingerprints, interviews, etc., they will not approve his green card and you and any children will get them.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    You cannot withdraw at this stage. You may want to do an interfiling or simply wait for his denial since it won''t affect your I-829 success.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Withdrawing it is not smart because then you have no legal status. You can write to immigration and advise them if you are now divorced, but divorce does not remove his right to the green card.