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Questions and Answers > EB-5 Requirements

How can I be eligible for EB-5 if my F21 visa is voided due to divorce?

My wife and I have recently received our permanent residency (10-year green cards) via the F21 category. How will my status be affected as a permanent resident of the United States if we get a divorce? How do I apply for the EB-5 program to ensure my residency in United States before the divorce is made official?

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Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The divorce should not affect your permanent residency.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you were married to a permanent resident and obtained your green card (valid for 10 years), you are a permanent resident yourself now and no one can take your status just because you are now divorced from that spouse. As long as you do not commit criminal acts, or other acts that may make you deportable, your status as permanent resident will remain valid even after your divorce.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you received a permanent green card (valid for 10 years) through marriage, then you are not affected by a subsequent divorce. You would generally apply for U.S. citizenship in five years rather than three years. You do not need to apply for EB-5 visa based on the facts presented. Please consult an immigration attorney regarding the specifics of your case.

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    John J Downey

    Immigration Attorney
    Answered on

    You need to contact a qualified immigration attorney. They can help preserve your permanent resident status.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you already received a green card that is not conditional, then your status should not be affected by a divorce. You should contact an experienced immigration attorney who can go over the details with you.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    If you are already a permanent resident of the United States and you have a 10-year card, your status should not depend on you staying married. Therefore, it does not appear that you will need to go through the EB-5 program.

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    James Wolf

    Immigration Attorney
    Answered on

    If you already have been approved for permanent residence (F21 category - 10 year green card in hand), a divorce, generally, will not have any impact on your status. If you had received a conditional residence (C21 category - 2 year green card in hand), then you may consider filing under EB-5.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If you already have the green card and it was not obtained through fraud then you do not need the EB-5 program.