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If I lose my conditional green card and have a child over the age of 18, would the child still he able to get an unconditional green card?

I was wondering if as a south korean resident I wanted to go back to my country after I receive my conditional green card but my child wants to stay in the US and receive a unconditional green card can he or she do that if they are of age?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    In order for your dependent child who obtained his conditional permanent resident (green card) through your EB-5 processing, you must file to remove the condition in order for him/her to receive his/her "unconditional" permanent residency.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I don't think so. The child is a derivative of you, so your would have to obtain an unconditional green card, and the child would get one at the same time. Perhaps there is a better way to accomplish what you want. You could apply for a re-entry permit, which is good for two years and allows you to remain outside the U.S. while your case is pending. We can help you with this, although, I must admit I have never seen an EB-5 client do this before.

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    Stephen Berman

    Immigration Attorney
    Answered on

    No, if the principal immigrant does not get the condition removed from his or her resident status, the derivative also cannot get the condition removed.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    In order to preserve your child, who is a derivative family member under your petition, your child's status is not a stand-alone status but a derivative of yours. Which means if you give up your residency, your child's residency will be affected. I recommend that you keep your conditional green card stage at least until I-829 is filed. If you do not wish to stay in U.S., after getting the conditional green card, please obtain the re-entry permit that is good for two years, which will allow you to live in Korea for that duration while still holding onto the conditional green card status for you and your family.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    It is possible for dependents to file their own I-829 petition. You should discuss with your attorney to determine if this is advisable in your case.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    You will have to wait until your condition is removed. Then you can abandon your green card and your adult child will be able to keep the green card.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Not under the current rules. That may be possible under the new rules. Under the current rules you have to file and get your I-829 approved and then if you surrender, it is possible your child can maintain the status.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The child can stay behind and eventually obtain an unconditional green card.

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    Robin J Gray

    Immigration Attorney
    Answered on

    If your son received his green card through his derivative status on your I-526, then he should be able to maintain his status in the U.S. with his conditional green card until such time as the I-829 is filed to remove the conditions from your green card. His status is tied to yours as a derivative of your petition. Therefore, he could only receive an unconditional green card if the conditions are removed on your card.

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    Charles Foster

    Immigration Attorney
    Answered on

    After you and your child have received your conditional green card and should you relinquish your conditional lawful permanent residency, your child over the age of 18 would still be able to maintain his lawful permanent residency by causing to be filed, when appropriate, the I-829 petition to remove conditions.

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