Our family (my husband, my son from my first marriage, and I) received Green Cards through the EB-5 program for two years. Now we’re considering divorce. So, I have a question: Will my son and I be able to remove the conditional status on our Green Cards after two years if I am already divorced and my husband, as an EB-5 applicant, will not provide new documents for us? Is it possible for my son and me to obtain new Green Cards under a different program for a new term, or are our cards permanently tied to the EB-5 program? If so, will my husband, as an applicant under that program, automatically lose our cards without him?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysYou can file independently if divorced, but you do need documents to show eligibility. The only exception is if you filing as a VAWA applicant.
Lynne Feldman
EB-5 Immigration attorneysComplicated answer, but I believe you can proceed to file the I-829 separately if divorced. The forms you need to file are from the Regional Center, not your spouse.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysDivorce does not automatically affect your or your son’s Green Cards, and your husband cannot revoke or cancel your status. Under the USCIS Form I-829 itself, if the EB-5 principal investor refuses to include you, you and your son may file your own separate I-829 petitions to remove conditions, even if you are already divorced, as long as the EB-5 investment was sustained and job-creation requirements were met. Your Green Cards remain tied to the EB-5 investment, not the marriage, and you cannot simply “renew” them under a different program unless you independently qualify for another immigrant category.
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