How should EB-5 investors submit I-829 applications if the principal applicant and the dependent have different expiration dates on their green cards - EB5Investors.com

How should EB-5 investors submit I-829 applications if the principal applicant and the dependent have different expiration dates on their green cards

If the conditional green card of an EB-5 dependent has a later expiration date than that of the principal petitioner, can the dependent submit an I-829 application together with the principal petitioner?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Your spouse and children cannot be included together on a Form I-829 petition if they are not filing with you, the principal investor. Under the new regulations, derivative family members must file their own petitions to remove conditions on their permanent residence if they are not included in the petition of the principal investor.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Typically, if the green cards of both the principal and dependents were issued following their joint interview, the expiration dates in their green cards should have been the same. In your situation, the later expiration date for the dependent appeared to be a mistake. In this case, when filing for I-829, explain the mistake and request the principal date should control. Advisably, consult your immigration attorney for guidance on the best way to address the situation.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

The rule for I-751s with this situation is that if the date difference is less than six months, they can file together (add $85 biometrics fee for each dependent), but you might want to call USCIS and give them the exact date difference to confirm.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

If the expiration date of the dependents is within six months of that of the principal, submit one I-829 and include the dependents. If the conditional green card of the dependent expires more than six months after that of the principal, file the I-829 for the dependents separately.

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

I do believe you can still include the dependent in the application for removal of condition. You can contact customer service to verify.

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