How can I add a child to my EB-5 petition after the I-829 is approved? - EB5Investors.com

How can I add a child to my EB-5 petition after the I-829 is approved?

My I-829 recently got approved, however, we did not include one child whose CLPR had one more year of validity when I filed my I-829. My original plan was to add him to my pending petition when his expiration date become recent. Since my I-829 recently approved, how can I add my child? Is the approved I-829 considered closed?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Did you include the child in your underlying I-526? If you did, you can attempt to re-open and add the child. However, the child must not be over 21. In the event that any of these scenarios apply and have never included the child in both the I-526 and now I-829, you should seek the assistance of an immigration attorney. The main issue is you would need to justify the apparent omission.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

You will need to file I-829 for the child. If you had an attorney represent you in your approved I-829 case, please consult him or her.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

At this stage of your green card processing, your only option may be to file for a family-based petition for your child under 2nd preference. It may be too late to file for him as following-to-join since it sounds like you have been a lawful permanent resident for more than 2 years.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

You can file another I-829 for the child. I would request expediting as the Principal's I-829 has been approved.

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

Despite the fact your child had more time on his conditional green card, you should have listed him as derivative on your I-829 application. Separating the family members from the application is not a good idea as it creates uncertainty and confuses USCIS. Now that your I-829 has been approved, I am not sure there is any way to reopen that case to add him, as the case should be closed. Your child could file the I-829 on his own, stating he is your child, but there will be filing fee associated with that. Since you obviously had an attorney help you with the process, please consult with him/her.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

That child should have been included. It appears now you have to file a new I-829.

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

If you are in the USA and your quota number is current, you may just file an I-485 for your child. If you are processing the whole family at a consulate, at that time put down your child's name on the forms and tell the consulate or NVC that you want your child included. It does not matter if you have not put your child's name on any forms yet.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

As a permanent resident of the U.S., you will now need to file Form I-130 on behalf of your child.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

If your I-829 has already been adjudicated without your dependent, you will have to file a new I-829 for the dependent and pay another filing fee.

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