What happens to an EB-5 dependent if the principal applicant abandons a pending I-829 process?

A principal applicant who abandons their I-829 petition forfeits the ability to acquire their permanent green card and this will directly prohibit any derivative beneficiaries on the petition from acquiring permanent resident status. Moreover, the applicants and beneficiaries conditional green card status would be terminated once the I-829 is formally abandoned. The status of your investment is a separate issue that is determined by the investment contracts the principal applicant signed with the regional center. I recommend speaking to an immigration attorney concerning these issues.

If Mom is the Principal and she abandons the I-829, then all dependents lose their permanent residency status. See if you can convince her to keep the I-829 pending until approval and then abandon. With regard to the return of the investment you or we would need to review the project documents she signed to determine this. She can start by inquiring of them – “what if…?”

Please consult with an attorney ASAP.