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How can we switch the principal applicant of an EB-5 case?

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

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    You cannot switch a petitioner. Consult with an attorney and the regional center to see what options you may have.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    There is no provision to switch from one principal to another. You have to refile a new I-526 petition.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You 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.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    There is no current process to switch. A new investor would have to start a new process.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    There 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.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    You or your son would have to file a new EB-5 petition.

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