If the I-526 petition has just been approved and the hasband and wife got divorced, how should the wife proceed with the rest of the EB-5 proceed? The petition is under the name of the husband.
Answers
Lynne Feldman
Immigration AttorneysIf you get divorced before conditional residency is approved, then you have no derivative rights. It is best to wait on divorce until the 2-year green card is granted.
Bernard P Wolfsdorf
Immigration AttorneysYou can expect they will challenge with a motion to dismiss at two years. We have seen several in reply to our mandamus actions. For Indian nationals, it is highly likely you will be stuck in retrogression if you do not get your I-526 approved in the next month or so. Yes, mandamus appears to be the only viable option for many but make sure you file with an attorney experienced in filing replies to motions to dismiss.
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