How can I use my spouse's approval for my application? - EB5Investors.com

How can I use my spouse’s approval for my application?

I am the spouse of an EB-5 principal investor. My spouse and I submitted our I-485 applications together in 2020. Her I-485 was approved, and her I-829 was later approved. However, my I-485 is still pending. Can I submit an I-829 petition using the principal investor’s I-829 approval as evidence to avoid receiving a conditional green card?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

EB-5 Immigration attorneys
Answered on

No, you cannot use your spouse's I-829 approval. The agency, USCIS, may have certain information on you that may even prevent the approval of your I-485. Your I-485 application will be considered on its own merit.

Jason Jia

Jason Jia

EB-5 Immigration attorneys
Answered on

Form I-829 cannot replace your pending I-485. It is used to remove conditions from permanent resident status that has already been granted, so it would not be the appropriate filing while your I-485 remains pending and you have not obtained conditional permanent resident status.
Your spouse’s I-829 approval may, however, support a request for you to receive permanent resident status without conditions when your I-485 is approved. In materials from its December 16, 2010 EB-5 stakeholder
engagement, USCIS indicated that a qualifying derivative whose principal applicant’s conditions had already been removed should receive permanent resident status without conditions. Because these are historical
stakeholder meeting materials, their applicability under current USCIS policy and to your particular circumstances should be confirmed before relying on them.
An immigration attorney should review your immigration records, your spouse’s approval notices, and current applicable guidance to determine the appropriate approach. Your spouse’s I-829 approval does not automatically resolve your I-485 or establish that you meet all adjustment-of-status requirements. Given the prolonged delay, that review should also consider available options for seeking adjudication.
This is general information based on the facts provided. A case-specific recommendation would require review of the relevant records.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.