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Why does a newborn of an EB-5 visa holder get a 10-year green card while the parents get conditional green cards?

Our EB-5 visa interview was conducted while my wife was pregnant. Then my wife gave birth to my son and we entered the U.S. Recently we received our green cards. The green card of my baby is valid for 10 years, while the ones we have are only valid for 2 years. Is this a mistake? Should I report to USCIS and request the replacement of a green card for my baby?

Answers

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    The permanent resident card of the baby should be valid for two years.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would defer to the validity dates on the cards.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes, USCIS made a mistake issuing a 10-year green card to your baby. You can apply for a replacement green card on Form I-90. Since it was an error of USCIS, you should not have to pay the filing fee. You might have to call the USCIS Contact Center to inform them.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is a mistake and she needs to notify USCIS, return the erroneous card and file for a new one.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    Yes, this is a mistake. Filing the form I-90 should take care of it.

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