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Questions and Answers > EB-5 Investments

How will a divorce affect permanent resident status?

My application was accepted to invest in an EB-5 Regional Center and I brought my family to the U.S. However, there have long been issues between my spouse and I and the topic of divorce came up. Will a divorce have an affect on obtaining permanent resident status?

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Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    No, your divorce should not negatively affect the removal of your condition petition. The divorced spouse may still be included in the I-829 for removal of condition.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    If you are the primary applicant and your wife is a dependent, she may be precluded from obtaining the greencard.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If the divorce occurs before receiving the conditional green card, then the spouse may not be included in the case. In your situation, however, it appears that you and your family already have immigrated to the United States and received your conditional green cards. If that is the case, then the divorce will have no effect.

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    Lei Jiang

    Immigration Attorney
    Answered on

    It should not have an effect on both since the permanent resident status was obtained through investment (not marriage).

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you are all already permanent residents, none. If not, your spouse cannot get a green card if she is no longer a spouse.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Assuming you are within the conditional permanent resident status currently, your spouse was already listed as a derivative beneficiary. At the I-829 stage to remove conditions, your spouse could still be included, even after your divorce. You and the spouse will still need to otherwise comply with the requirements to remove conditions.

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    Rana Jazayerli

    Immigration Attorney
    Answered on

    A divorce should have no negative impact on the ability of both spouses to obtain unconditional lawful permanent residency. If a couple divorces during the conditional stage of U.S. residency, the beneficiary spouse may still be included in the filing of the I-829 petition to remove conditions. The specific regulation on this topic (8 CFR 216.6(a)(1)) specifically states that : the former spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, may be included in the alien entrepreneur''s petition or may file a separate petition.

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    H Glenn Fogle Jr

    Immigration Attorney
    Answered on

    If the divorce occurs prior to the approval of the I-826, the derivative spouse will not be able to continue on derivative status because the relationship no longer exists as of the time of the removal of conditions. Once the conditions are removed then divorce would not affect the status. Please feel free to call if you have further questions.

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    Ed Beshara

    Immigration Attorney
    Answered on

    On the assumption that the spouse and children are in the United States with conditional permanent residency status, a subsequent divorce between the spouses will not effect the divorced spouses from each obtaining the removal of the conditions of permanent residency.