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Questions & Answers

How can an EB-5 case be transferred?

If the principal petitioner of an EB-5 case does not want to be in the petition anymore, can he transfer the case to his spouse? Will the spouse have to start the process all over again?

Answers

  • Avatar

    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 investor's spouse can obtain conditional permanent residency status.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Best to leave the case alone and get green cards for the whole family. Then you can get a re-entry permit which will let you stay outside the U.S. for up to two years.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    No, an EB-5 investor who filed a petition on Form I-526 cannot transfer his petition and priority date to his spouse. Unfortunately, while it may be possible to terminate his petition and transfer the proceeds from the project to his spouse, his spouse would have to file a new EB-5 petition on Form I-526 which will create a new priority date and a new processing time.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The EB-5 cases of the principal applicant and their dependents could be withdrawn. If there is a new principal applicant, then this may involve a new EB-5 investment. If there is a new principal applicant, then new I-526 petitions and new I-829 petitions must be filed with U.S. Citizenship and Immigration Services.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would want to know what part of the process you are in, but generally starting fresh would be the safest option.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no provision for "transferring" an EB-5 petition from one investor to another. Your wife would have to invest and then apply for EB-5.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the principal no longer wants to immigrate, the petition has to be withdrawn and the case refiled.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Based on the current law, the transfer of the principal petitioner status is not allowed. Since the petition has not been approved yet, consider withdrawing the petition. The spouse can file her own new petition. In essence, she will have to start the process again with new waiting in line period.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Under the current law, the principal petitioner of an EB-5 case who does not want to be in the petition anymore cannot transfer the case to his spouse. Unfortunately, the spouse will have to start the process all over again. You actually have another issue that you need to be cognizant of. Most regional centers will only refund the investment if the I-526 application of an investor is rejected. Generally, voluntary withdrawals are not covered and you might have to wait until the funds are ready to be returned. Read the subscription agreement and the private placement memorandum for further clarification of this point.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    There is no substitution or easy transfer from one applicant to another in immigration processes, including EB-5. If you want to withdraw your I-526, you need to do so and get your funds back and then gift it to your spouse to have the spouse file a new I-526. You will be getting a new priority date for the new filing date. This may be an issue if you are from China, Vietnam or India who may be facing visa retrogression as you will lose the time you already have invested in the process. Also, depending on the regional center and their limited partnership, withdrawing from the partnership and getting the funds back may or may not be as easy.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    My understanding is she would need to start again but I have not seen a regulation on this.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    No, the principal EB-5 investor cannot transfer the pending I-526 petition. He must withdraw the pending I-526 petition, have EB-5 capital returned from the EB-5 investment project, and then his spouse can file her own I-526 petition based on the EB-5 investment of the spouse.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    A petition cannot be transferred.

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