I am the primary investor on an approved I-526. My husband and adult daughter (above 21 now but under 21 when we filed) are the beneficiaries. All three of us got the conditional green card in March 2023. My daughter and I have lived in the U.S. since October 2023 and plan to continue doing so. My husband has only visited for a few weeks every eight months as he is closing up business in our home country. He may get a re-entry permit or may return the green card due to some finance/tax complications. My question is: if he does not meet residency requirements, can this affect me and my daughter’s I-829, which we intend to file in January 2025, or an eventual citizenship application?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf you divorced, you can file your own I-829 but if he is the principal and is found inadmissible and/or abandons, this will result in your case also being denied.
Lynne Feldman
EB-5 Immigration attorneysBecause you are the primary, your husband’s actions will not affect your application nor that of your daughter’s.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysThe primary investor/principal’s compliance governs. You and your daughter will be fine (most likely so will your H). He should give up the PR status formally in order to preserve his access to B1/2 visa.
Dennis Tristani
EB-5 Immigration attorneysYour dependents application will not affect other individuals removing conditions or a future naturalization application. If your spouse obtained a reentry permit that’s a positive sign in terms of maintaining residence.
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