I got my conditional permanent residency through the EB-5 visa in March 2018 and filed my I-829 in December 2019. I married shortly after to a U.S. citizen. With my I-829 projected to be adjudicated in 2026, my husband wants to apply for a permanent green card for me. If he does this, will my I-829 be denied? My loan agreement says that I need to receive a final, non-appealable approval or denial by the USCIS of my I-829 Petition to be eligible to receive my loan back, even though it remains at the discretion of the Regional Center. Would I still get repaid if I get the green card through my spouse?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysYou need to discuss return of capital with the regional center. Also, since you are already a permanent resident, you need to surrender your green card and apply for an immigrant visa abroad. If your marriage is less than two years old, you get another conditional card so I wouldn’t rush the marriage case.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysYou cannot adjust to residence as a conditional resident. You’d have to exit the EB-5 immigration process in order to adjust through marriage. Speak with your attorney regarding your investment. There must be a provision in the docs re “withdrawal” from the EB-5 program.
Lynne Feldman
EB-5 Immigration attorneysThis is an option but tricky because conditional residence will need to be abandoned outside the U.S. to get conditional residence trough your spouse – doable but file through spouse, get AP, travel abroad, abandon conditional residence and return on AP to resume case through the spouse. Happy to help if you need it.
Regards,
Lynne Feldman,
Attorney at Law
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