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Should EB-5 dependents file I-829s concurrently with the principal applicant if their green cards are issued at different times?

My wife is the principal applicant of our EB-5 case, and my kids and I are dependents listed on the I-526. Our conditional green cards were not approved at the same time. My wife’s green card was approved 26 months ago, while my kids’ card was approved 8 months ago and mine 6 months ago. How should we file our I-829s? At the same time?

Answers

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is advisable that when the principal is filing I-829, both dependents should be also included. Advisably, work with your EB-5 counsel or any other EB-5 attorney on how to organize the process for both the primary applicant and the dependents.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Only the EB-5 investor files an I-829 petition with USCIS. The dependents do not file I-829 petitions.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    There is no good reason why you should not be able to file at the same time. Go ahead and include your wife and children on your I-829 petition.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    Check the form. Most likely the dependents are automatically included in the filing, as they are for I-751s.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If a spouse's or child's conditional permanent residency period differs from that of the principal EB-5 investor, a spouse or child may not be eligible to be included in the principal's I-829 petition. The I-829 petition must be filed within the 90-day window of the expiration date of the conditional green card. Your immigration attorney should be able to guide you regarding the specific timeline when you are eligible to file I-829.

  • Avatar

    Belma Chinchoy

    Immigration Attorney
    Answered on

    Yes, everyone should file at the same time.

  • Avatar

    Hassan Elkhalil

    Immigration Attorney
    Answered on

    File at the same time.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Yes, you should include your spouse/kids when you file the I-829. If your spouse and children are not included on this Form I-829 petition, each dependent must file his or her own petition separately.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Since your green cards were approved more than six months after your wife's green card, you should file separately. Keep in mind that she must have filed her I-829 within the 90-day window prior to its expiration. If the green card was approved 26 months ago, she should have filed her I-829 already. The regulation allows for filing together or at separate times, but it appears that USCIS policy and practice dictates that it is too early to include you and your children on her I-829. You could try it and see what happens; just make sure the form is filed timely and the correct filing fees are paid.

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