Is it possible to withdraw a family member from our EB-5 petition after the submission of I-526 and before its approval? Does this impact the credibility of our petition?
Answers
Irina A. Rostova
Immigration attorneysThe I-526 is only filed under the name of one principal applicant. Other family members are only listed there for information purposes, so they do not need to be removed. After the I-526 petition is approved you can start the consular or adjustment of status process just for the members that you want.
Salvatore Picataggio
Immigration attorneysYou dont have to do that. Just do not inclide them in your Adjustment of Status or Consular processing. I suppose you can also send a notice to amend the filing to USCIS now but it wont affect the primary''s application.
Bernard P Wolfsdorf
Immigration attorneysIt does not make sense to remove someone from a pending I-526. If the primary beneficiary wants to avoid one of the derivatives from applying, they do have control of the process at the next stage, that is either adjusting or consular processing. I would advise that the person simply not be included at that stage.
A Olusanjo Omoniyi
Immigration attorneysYou can remove, at anytime, any person from the I-526 petition as long as it is not a primary petitioner. The withdrawal will not affect the credibility of your petition.
Fredrick W Voigtmann
Immigration attorneysThere is no real easy way to do this at the I-526 petition stage. If the petition is approved, you can just submit documents on all dependents except the one you are excluding when it comes time for the National Visa Center processing. It should not affect the case.
Lynne Feldman
Immigration attorneysThe best way to remove is at the next stage by not completing a DS-260 and paying fees for that family member.
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