How can we change the principal petitioner of our EB-5 case? - EB5Investors.com

How can we change the principal petitioner of our EB-5 case?

We are Indian EB-5 investors. We filed our application in October 2018, with my wife being the principal applicant and my daughter and I as the dependents. We are worried that our daughter will age out due to the expected visa backlog for Indian nationals. Is it possible to make our daughter the principal applicant of our I-526 petition? My wife and I do not mind being excluded from the application.

Answers

Phuong Le

Phuong Le

Immigration Attorneys
Answered on

You can make your daughter the principal applicant, but chances are you&#39ll have to file a new I-526 petition and you&#39ll lose your current priority date. She can always petition for you later on through family-based immigration if you don&#39t mind delaying your entry into the U.S., though.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

You cannot change the principal EB-5 investor in a pending I-526 petition. You may consider filing a new petition in your daughter&#39s name as the principal EB-5 investor.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

I do not know if this is possible.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

Immigration-wise, you&#39d need a new I-526 petition. Investment-wise, you would need to remove the money and put it in your daughter&#39s name before she makes the investment.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

No, you cannot. You may withdraw your application and file a new application under your daughter&#39s name.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

You cannot make your daughter the principal petitioner on your EB-5 investment petition on Form I-526 that your wife has already filed. While there are proposals to make such a change possible, as of now, your daughter would have to file a new petition and create a new priority date. It may be possible for you to work out an arrangement with the project developer to transfer your investment to your daughter&#39s account, but again, that would acquire a new petition and a new priority date.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

There is no option to "switch or replace" the principal in an EB-5 petition. You would have to withdraw the pending petition and withdraw your investment if you need that capital to fund your daughter&#39s investment, and then have your daughter file as the EB-5 investor (or, if you do not need the money from your investment for your daughter to use for her EB-5 processing, you can leave your petition/investment as is, and have her file separately).

Irina A. Rostova

Irina A. Rostova

Immigration Attorneys
Answered on

It is not possible to change the principal applicant. You would have to withdraw the old peri and re-file the I-526 petition anew.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Withdraw, gift the money or interest, and re-file with her as the principal.

Blake Harrison

Blake Harrison

Immigration Attorneys
Answered on

Unfortunately, USCIS does not allow the principal applicant to be changed on I-526 petitions. You would need to withdraw the case and re-file with your daughter as the principal applicant.

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