What happens if the EB-5 main petitioner died while the I-829 is pending, can the spouse and adult child still get approval? - EB5Investors.com

What happens if the EB-5 main petitioner died while the I-829 is pending, can the spouse and adult child still get approval?

The main EB-5 petitioner of a pending I-829 (pending for 6 years) died abroad, and the spouse and adult child were accompanying him abroad, both left US for more than a year due to medical reasons. They kept main residency and strong financial ties with US during this whole time. Can they still proceed with the I-829 application?

Answers

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Return to the U.S. ASAP and send the death certificate to USCIS. They may require they now each file a separate I-829 to get their own 10 year PR cards.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The death of the principal does not stop the case. If they have entry documents and can show no intention to abandon, then should be readmitted without too much trouble.

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