Questions and Answers > EB-5 Investments

How can I petition for my husband at a later time?

In our country it is illegal to have dual citizenship. Can I add only my children initially and then later when my husband can come I petition for him? If so, at what stage can I do thisafter the the conditional status is removed or before it is? And how long would such a petition take?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on March 4, 2014

  You may petition for your husband prior to the removal of conditions, but it is recommended to wait until the removal of conditions. The time it takes depends on the priority date and visa category that your particular case falls under. Please note that if you include your husband in the original petition and it is approved, you will not be granted citizenship. You will be granted conditional permanent residence; therefore, you should not encounter a dual citizenship issue.

• A Mina Tran

  Immigration Attorney

  Answered on September 25, 2013

  Yes, you can petition for your husband once you get your green card. While you are able to petition with the conditional card, it may be better to wait until you have the permanent card so that there are not any problems with the petition.

• Shahzad Q Qadri

  RC Creator

  Answered on September 19, 2013

  Yes you can. Please keep in mind that if you do petition later, it may add on years depending on the country of origin.

• Michael A Harris, Esq

  Immigration Attorney

  Answered on September 12, 2013

  The EB-5 visa leads to lawful permanent residence initially. It does not immediately classify you, your spouse or children as US citizens. That would come by choice five years after you are admitted as a permanent resident when you decide to apply for citizenship. In your husband''s case, he would not have to seek citizenship if it would cause him to lose benefits in his home country. Otherwise, if your husband cannot immigrate with you at the same time when you and your children come over, then he can still come at a later time by seeking to follow you after the approval of your residence petition. There are specific time limits regarding doing this, so you should contact an attorney for representation and for more information.

• Philip H Teplen

  Immigration Attorney

  Answered on September 11, 2013

  Done correctly, your husband will have derivative rights and can always be added to join you. If you desire assistance, I can be reached by phone or email.

• Becky Yu

  Immigration Attorney

  Answered on September 11, 2013

  The permanent residency status once it is granted is not a citizenship, therefore, it will not conflict with your original citizenship. So, you should apply the permanent residence status together. After you and your husband have been granted to the permanent residence status for 5 years, you may be eligible to apply the US citizenship through naturalization providing other requirements are all met. However, if you do not intend to lose your current citizenship, you do not have to apply to be naturalized and just maintain your lawful permanent residence status in the US.

• Edward Litwin

  Immigration Attorney

  Answered on September 11, 2013

  I am not sure if I understand your question. U.s. citizenship is not conferred in an EB-5 case. If you immigrate to the U.S., you only become a permanent resident, NOT a U.S. citizen. Therefore, your husband can come as he will not be a dual citizen. I trust this helps.

• Boyd Campbell

  Immigration Attorney

  Answered on September 11, 2013

  You will be eligible to apply for U.S. citizenship within 90 days prior to the 5th year of permanent residence. You should include your husband and children younger than 21 years old in your I-526 petition.

• Lynne Feldman

  Immigration Attorney

  Answered on September 11, 2013

  Your husband does not need to process with you but can come later. I would suggest he come before you have to remove conditions so he will be eligible for this step as well even if he needs to return to work abroad with a Reentry Permit. Getting U.S. permanent residency is not citizenship so it is not considered dual citizenship.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on September 11, 2013

  Yes; you can do this through a "follow to join." Usually, the process will take several months, but it is better than having to wait for an F-2A petition, which may be subject to a longer wait because of visa number retrogression and backlogs. You should have an experienced immigration lawyer assist you in this process.

• Jian X Kang

  Immigration Attorney

  Answered on September 11, 2013

  Yes, you may immigrate with your children, without your husband. After you receive your green card, eve if it is temporary, you may file a petition on behalf of your husband for him to immigrate to the U.S. as spouse of a legal permanent resident. The time needed to for the petition process to go through depends on which country your husband is a citizen of because there is a waiting period for citizens of different countries before they may submit their immigrant visa applications. You may get the information about the waiting period from the Visa Bulletin that the U.S. State Department publishes monthly. Just Google search Visa Bulletin, you will be able to find it. If you have any questions or concerns about this matter, please feel free to contact me.

• Karen Weinstock

  Immigration Attorney

  Answered on September 11, 2013

  You can file for a spouse later but it will be much easier to file together at the same time. Your spouse will not be granted U.S. citizenship but conditional permanent residence so there should not be any conflict with dual citizenship.

• Kripa Upadhyay

  Immigration Attorney

  Answered on September 11, 2013

  Forgive me, but I do not understand how "Dual Citizenship" affects your husband''s ability to enter the U.S. The first step in the EB-5 process of Immigration to get a Conditional lawful Permanent Residence which is NOT Citizenship. Even after the conditions are removed, you would have Lawful Permanent Residence which again is NOT Citizenship. You should be able to bring your husband and children under age 21 the same time that you get your Conditional Residence.

• Jinhee Wilde

  Immigration Attorney

  Answered on September 11, 2013

  You may always do the "following-to-join" application for your husband whenever he is ready to come into the U.S. as a permanent resident whether during your conditional residency period or after you get your condition removed. BTW, by doing EB-5 or any other immigrant visa case, you are getting a permanent residency of United States, which allows you to reside here permanently. You are not changing your citizenship until you apply for citizenship (N-400), which you cannot do until 5 years after being a permanent resident.

• BoBi Ahn

  Immigration Attorney

  Answered on September 11, 2013

  Yes, you may petition for your husband after you and your children have processed for your permanent residence. You would first have to go through the EB-5 Petition approval, then adjust status to a permanent resident, and once you become a permanent resident, you may petition for your spouse under a Family-Based 2nd preference category (ie., lawful permanent resident filing for spouse). Processing time varies depending on jurisdiction filed and whether the priority date for that category is current at the time of filing. Hope the information helps.

• Marc Yelnick

  Immigration Attorney

  Answered on September 11, 2013

  A formal petition is probably not required. Because of the backlog in immigration quota probably take many years. Your husband could process under the "following to join" category. It might take 3 months from the time you or he indicates to the US consulate that he wants to emigrate to the US. He could also apply for residence if he were in the US.