I have a pending I-829 filed in June 2018. My son who was dependent in my EB-5 has recently turned 25 and has gone out of my insurance. With the current coronavirus crisis, he has no job/earnings of his own and hence no insurance. In case he takes any government benefits, especially health insurance, will it jeopardize my I-829 for condition removal?
Answers
Bernard P Wolfsdorf
Immigration attorneysPermanent residents are not subject to the new public charge provisions. A conditional permanent resident is a permanent resident.
Lynne Feldman
Immigration attorneysIt should not as a public charge is only considered before granting the green card, not after.
Salvatore Picataggio
Immigration attorneysMy understanding is that only initial green card applicants filed after February 2020 are required to do it, not those filing to remove conditions.
Belma Demirovic Chinchoy
Immigration attorneysPublic charge has no impact on an I-829 filing. The purpose of an I-829 petition is to remove conditions on Permanent Residence, which does not subject an I829 petitioner to immigrant admissibility inquiry.
A Olusanjo Omoniyi
Immigration attorneysThe fact that your son may take any government assistance which is being offered to everybody as a result of COVID-19 is not likely to be a basis for a negative decision against either him or you. The processing of your I-829 should smoothly proceed as much as possible.
Stephen Berman
Immigration attorneysRemoval of condition does not require one to prove he is not likely to become a public charge.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.