My I-526 was approved in Oct. 2017, followed by an I-485 submission. I obtained my EB-5 conditional green card in March 2018, and filed I-829 in Dec. 2019. It remains unresolved with current projected processing times at 66.5 months. In the meantime, I married a U.S. citizen in 2022 and had a U.S. citizen child. My spouse is now considering filing an I-130 and I-485 on my behalf. Could this lead to the denial of my I-829 during this change of status and trigger the investment agreement clause for investment recovery? The investment agreement contains a clause that suggests a denial of an I-829 could enable me to request the return of my capital contribution. Does it make sense to apply for a permanent residency through marriage given these circumstances? Could seeking a green card through marriage lead to the Regional Center indefinitely delaying the return of my investment? What steps can I take to prevent this?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyWith your complicated facts I suggest a consultation. The project documents would need to be reviewed regarding the return of investment. Yes, it is possible to abandon your current conditional residence, withdraw the I-829 and proceed through a marriage case; but the timing of these actions is tricky to protect your status and possibly your investment depending on the project document terms.
Benjamin Hu
Find an EB-5 Visa Lawyer: Immigration AttorneyA marriage green card may first result in a Conditional LPR status, if you were married for shorter than 2 years at the time of adjudication - this would also require filing of an I-751 at 21 to 24 months after obtaining the CLPR. Once you have an unconditional LPR status, you would no longer be eligible for the EB-5 benefit sought, since you already have the end status - and your I-829 would not result in another LPR status for you. The I-829 could be withdrawn. Regarding the treatment of your investment funds, these would be entirely dependent on the contract between yourself and the Regional Center.
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