Reza Rahbaran
Immigration Attorney
Answered on
Yes, you may apply for an EB-5 visa. Your EB-5 petition will not affect your husband's green card since his green card is independent from your EB-5 visa application.
How can I apply for EB-5 visa if spouse is already Permanent Resident?
Can I apply for the EB-5 Visa if my husband has a green card? How will it affect my husband?
Answers
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Bernard P Wolfsdorf
Immigration AttorneyAnswered onIt will not impact a spouse with LPR status and you can avoid the 2-3 year wait if your spouse were to petition for you.
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Mahsa Aliaskari
Immigration AttorneyAnswered onYes, that may be an option for you if you satisfy all of the requirements related the investment and source of funds, it would not impact his permanent resident status. If your husband is eligible for U.S. Citizenship in a relatively short period, you may want to wait if feasible. You should discuss options and strategies with immigration counsel to help you make an informed decision on which strategy you pursue for your own permanent residence.
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Rachel Lew
Immigration AttorneyAnswered onYes, your husband''s green card is independent from your EB-5 immigrant visa application.
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Joseph Best
Immigration AttorneyAnswered onYes you can and no, it will not impact him. But the fact is that your husband can simply file for you now which will put you in the preference categories to come to the U.S.- and whenever he naturalizes- an immigrant visa will become immediately available to you as a spouse of a U.S. citizens. But there is not an issue per se by your filing for the EB-5 independently of your husband''s status. There is no conflict in the immigrant intent associated. Get in touch with specific questions you may have.
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Marisa Casablanca
Immigration AttorneyAnswered onAnyone can apply for an EB5 visa petition as long as they meet the requirements despite their marital status. It will not affect the spouse''s present status only in situations where the spouse will obtain residency with the investor. We are available if you have further questions.
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Jeong-Hwa Lee
Immigration AttorneyAnswered onYou can. Your husband''s status does not affect your eligibility to apply for the EB-5 green card.
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Philip H Teplen
Immigration AttorneyAnswered onYou can certainly apply for EB-5 even though your husband has a Green Card. It does not affect his status in any manner.
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Richard W Moore, Jr
Immigration AttorneyAnswered onYou can apply for EB-5 visa if you can prove the source of your funds are legal, and that the business you will invest in will create at least 10 jobs as a result. Your application will not affect your husband''s status. But I will say if your husband has a green card, then once he has his card for 5 years, then he can apply for US citizenship, at which point he can sponsor you for your green card based upon your marriage. I would be happy to assist you and your husband.
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Boyd Campbell
Immigration AttorneyAnswered onYes. Your EB-5 investment and immigrant visa petition will have no impact on your husband''s immigration status.
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Karen Weinstock
Immigration AttorneyAnswered onYou can apply for EB-5, your husband will just not apply with you. But why doesn''t your husband apply for you as a permanent resident spouse?
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Robert West
Immigration AttorneyAnswered onIt really has no effect. Any reason why your spouse has not filed for you?
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Gregory Romanovsky
Immigration AttorneyAnswered onYou can still file for EB-5, but you may not need to (as it will likely be easier to get your permanent resident status through your husband). You need to talk to an experienced immigration attorney to determine the best strategy.
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Ying Lu
Immigration AttorneyAnswered onYes, you can apply for the EB-5 green card. It won''t affect your husband.
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Jinhee Wilde
Immigration AttorneyAnswered onEB-5 immigration option is for the investor who invests in an EB-5 business/project and her immediate family who wishes to immigrate with her. Your husband who has a green card already does not have to be included in the application and his status will not be affected by your EB-5 application. However, since the Priority Date for the spouse of Permanent Resident is October 1, 2011, less than 2 years of wait time, is there a reason for you to do EB-5 option, which also takes about 15-18 months these days? You may wish to consult with an experienced immigration lawyer to discuss various options for immigration, not just EB-5.
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Qingqing Miao
Immigration AttorneyAnswered onThe fact that you are applying for a green card will not affect your husband''s permanent resident status. Assuming all the requirements are met, you can file your I-526 petition as the principal investor. Since your husband is already a permanent resident, you simply do not need to include him as your spouse in your I-526 petition. He also does not need to complete the green card application (should it be AOS or Consular Processing) after the I-526 petition is approved. Nevertheless, you may be eligible for family-based immigration because you are the spouse of a green card holder. Family-based immigration option could cost a lot less and could also be procedurally less complicated to pursue.
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Anthony Ravani
Immigration AttorneyAnswered onYes, you can do that. But why would you want to do that? Your spouse that has a green card can apply for the other spouse to get a green card; no need to do it via investment (EB-5).
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Fredrick W Voigtmann
Immigration AttorneyAnswered onThere should be no effect on your spouse''s permanent resident status.
