Our I-526 was approved with my wife as the principal applicant. The construction of the regional center project we invested in has been completed. My wife’s EB-5 visa was denied due to an inadmissibility ground. We are not sure if we can get a waiver for it. Meanwhile, we are wondering if we can switch the principal applicant to me so my son could still enter the U.S. as my dependent.
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no provision to switch from one principal to another. You have to refile a new I-526 petition.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyYou cannot switch a petitioner. Consult with an attorney and the regional center to see what options you may have.
A Olusanjo Omoniyi
Find an EB-5 Visa Lawyer: Immigration AttorneyYou cannot switch the principal applicant. It is advisable that you withdraw your petition, get the investment money back and then refile with another principal petitioner.
Charles Foster
Find an EB-5 Visa Lawyer: Immigration AttorneyYou or your son would have to file a new EB-5 petition.
BoBi Ahn
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no provision for replacing the principal EB-5 investor for USCIS purposes. At this stage, you or your son will have to invest the required minimum capital and start a new process as the principal investor.
Salvatore Picataggio
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is no current process to switch. A new investor would have to start a new process.
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.