My Mom is the main EB-5 applicant, but she’s living in China now, and her health conditions don’t allow for long trips. She submitted an I-I829 already, and we both have our bio information ready. If my mom just leaves her case open and I provide my fingerprints myself, will my case still be approved?
Answers
Lynne Feldman
Find the Best EB5 Visa LawyersThe principal must be approved before the derivatives. Can you complete the bio for her and just have her review and sign?
Ying Lu
Find the Best EB5 Visa LawyersNo, it will not. If she included you in her I-829 instead of filing a separate I-829 for you, you won’t receive the green card if her I-829 is denied due to abandonment.
Andres Echevarria
Find the Best EB5 Visa LawyersIf the main applicant, such as your mother in this case, is unable to submit biometric information due to health issues, there are specific procedures that may apply:
• Fingerprint Waiver: USCIS may grant a waiver for the fingerprint
requirement if the applicant is unable to provide fingerprints due to a
medical condition. This includes conditions such as disabilities, physical
deformities, or other health-related issues. The waiver can only be granted
by certain authorized USCIS employees.
• Requirements for Waiver: To qualify for a waiver, the following
conditions must be met.
• The applicant must appear in person for the biometrics collection, if
possible.
• An officer or authorized technician must attempt to collect the
fingerprints or determine that such an attempt is impossible.
• The officer must determine that the applicant is unable to be
fingerprinted at all or unable to provide a single legible fingerprint.
• Impact on Your Case: If your mother is granted a waiver for her
biometrics due to her health condition, it should not negatively impact
your case as long as all other requirements are met. However, if she simply
leaves her case open without addressing the biometrics requirement, it
could potentially lead to delays or issues with the processing of her I-829
petition.
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