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How can an EB-5 dependent enter the U.S. with an EB-5 visa before the principal applicant?

I have my EB-5 visa interview scheduled this December. My daughter, who is currently on an F-1 visa, will come back for the consular interview. After the interview, can my daughter enter the U.S. alone with her EB-5 visa in order to start her next semester on time? Although I am the principal applicant of our case, I still have some business in my home country to attend to and cannot travel until February.

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A dependent cannot enter before the principal. You must accompany a dependent to get admitted as conditional permanent residents and then you can return abroad. Alternatively, a dependent can enter shortly after you or follow to join.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The principal applicant (you) must first enter the U.S. before the dependents. They can enter/travel separately, but not before you are first admitted on the immigrant visa can she be eligible to enter the U.S. as a derivative of your EB-5 processing.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Unfortunately, you should enter first. Your daughter, who is considered the derivative, needs to accompany you or enter after you. Best of luck!

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    Charles Foster

    Immigration Attorney
    Answered on

    Your daughter should not enter the U.S. before you, as she can have no greater rights than the principal applicant. It may be that you could enter with your daughter at the same time where you would both be admitted as conditional lawful permanent residents, so she can start her next semester on time and then you would have the right to return to your home country to wrap up your business even if it took you several months. Generally speaking, as long as a permanent resident or conditional lawful permanent resident is not out for a continuous period of more than six months, you should have no difficulty in establishing the fact, if questioned, that you did not intend to abandon your residency by returning to your home for several months to complete your business.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You must enter the U.S. first, but you can then return abroad.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    I have seen recently a specific annotation in the visa issued by some posts to be accompanied by the main investor. The visa is good for a whole year and acts as the temporary green card (I-551) stamp once endorsed. If that notation is there you will have to travel with your daughter for a quick visit so she could come in and get the endorsement.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A derivative can never enter as an immigrant before the principal. To do so would invalidate the visa and it would be subject to revocation.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, the principal must be admitted first.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is expected that all family members must enter the U.S. within six months upon approval of an immigrant visa. However, applicants will only get their conditional cards upon entry into the U.S. Therefore, as a principal applicant you should enter the U.S with all your dependents so that all of you can receive your conditional green cards. With regards to your unfinished business at home, you can leave the U.S. after your entry. If you are going to be out of the U.S. for a lengthy time, such as a year, then consider applying for re-entry permit.

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