My father has a pending I-829 application. He did not make it back to the U.S. after six months outside the country. The COVID-19 situation stops him from entering the country and applying for a re-entry permit at the US embassy. My mother and I are dependents of his EB-5 case and submitted our I-829s three years ago. How would my dad’s situation impact our I-829s?
The absence of your father may significantly affect your I-829s. However, he needs to return as soon as possible. If it appears he may have any problem entering the US, he should seek to obtain I-131A letter from the U.S. Consulate where he is to secure a trouble-free entry into the US. Advisably, consult an immigration attorney for help.
Each case is different and I suggest you set up a consultation.
Reentries with over six months absence are considered on a case by case basis. If he is readmitted there is no problem. If he has abandoned his residency, then your applications cannot be approved.
An EB-5 investor who has been granted the two-year conditional green card should take steps to protect his or her conditional permanent resident status. Spending significant amounts of time outside the U.S. is a serious problem for any permanent resident, including EB-5 investors. Absences of more than six months from the U.S. can lead to extensive questioning at the airport or point of entry to the U.S. by U.S. Customs and Border Protection. The CBP officer can determine at the airport that the investor abandoned his or her CPR status. Absences of more than one year may likely result in a finding at the point of entry that the CPR abandoned his or her status. If the EB-5 investor is found to have abandoned his or her residency in the U.S., the dependent family members have no legal derivative basis without the investor, even if the dependents are living full-time in the U.S. You should contact your nearest consulate via email or phone and request an emergency appointment for the re-entry permit.
Your father should make arrangements to reenter the United States as soon as possible and he should bring with him documentation showing his attempts to book air travel before the six months expired. He should bring copies of canceled airline reservations, along with evidence of U.S. residency, such as driver''s license or state ID, property ownership, bank statements, utility bills, medical records, tax returns, etc. If he has been absent from the United States for more than one year, he will have to obtain an SB-1 returning resident immigrant visa from the U.S. embassy or consular office in his home country.
Your father should make every effort to return to the U.S. before 12 months of absence. Conditional permanent residents are allowed to return to the U.S. (through general quarantine rules apply). Speak with your attorney about the reasons for returning prior to 12 months of absence.
If he can show there were circumstances beyond his control, and his temporary green card stamp and the receipt extending the green card have expired, he will have to apply for an I-131A boarding letter.
If he returns before a year, he should be OK to keep his green card. But it will impact his citizenship eligibility. If he can not get back within the year, this would be a serious problem and he will need to contact the consulate for a consular letter and perhaps even a new immigrant visa - SB-1.
