The principal applicant and the dependent have filed their I-829s separately and both are pending. The I-829 of the principal is likely to be denied for his personal reasons, but there is nothing wrong with the project or the job creation. If his case is denied, is it possible for the I-829 of the dependent to be viewed separately and get approved as if the investment project has actually succeeded?
Answers
BoBi Ahn
Immigration attorneysIn most cases the I-829 of the dependent only gets approved if the principal applicant gets approved; however, if the principal applicant is denied for reasons other than the project or EB-5 immigrant investor-related reasons, you may be able to argue for the dependent's case.
A Olusanjo Omoniyi
Immigration attorneysYes, simply because the I-829s were filed separately and particularly the reasons why the principal may fail are exclusively personal to the principal.
Julia Roussinova
Immigration attorneysIt is necessary to know more information why the principal's I-829 may be denied, i.e. inadmissibility issues. Generally, a derivative's I-829 may not be approved if the principal&
#39s is not approved.
Charles Foster
Immigration attorneysNormally, if the I-829 is approved, it would cover both the principal and the defendant. There should not be any difference between the principal applicant and his or her dependent. The I-829 deals exclusively with whether or not the investment funds were transferred into the project as described in the initial I-526 petition. The jobs were created and the other requirements were met. That should be identical for both parties.
Bernard P Wolfsdorf
Immigration attorneysI do not believe an I-829 derivative could be approved if the principal is denied, but the argument should be made if the principal is denied because of inadmissibility grounds, then there is some chance the USCIS could use its discretion to approve the derivatives.
Lynne Feldman
Immigration attorneysNo, the I-829 principal must be approved for the I-829 dependent to be approved.
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