Questions and Answers > EB-5 Forms

How can the derivative applicant get I-829 approval if the principal applicant may be considered abandoned her status?

The principal and derivative applicants have their I-829s filed separately and both are pending. But during the I-829 processing, the principal applicant leaved the U.S. for more than two years and could not return to the U.S. anymore. Thus the principal applicant may be considered already abandoned her status. The principal applicant attempted to apply for SB-1 or other way to reenter but failed. Is there anyway for this derivative applicant to get I-829 approval under this circumstances?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on August 20, 2020

  If you are a spousal derivative and divorced or in other limited cases legally separated, you may be able to file separately and be approved.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on August 20, 2020

  Yes. Even if the principal applicant may be considered to have abandoned her status, the fact is that the derivative applicant whose I-829 is filed separately and whose application is still pending, can be separately considered and approved assuming all the requirements are met.

• Stephen Berman

  Immigration Attorney

  Answered on July 29, 2020

  They cannot. If the principal has abandoned status you should expect the derivative cannot immigrate.

• Lynne Feldman

  Immigration Attorney

  Answered on July 29, 2020

  If the derivative''s I-829 is still pending they should adjudicate that provided it is approvable.