Questions & Answers

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

• Daniel A Zeft

  Immigration Attorney

  Answered on February 3, 2020

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

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on January 31, 2020

  It is likely a mistake.

• Salvatore Picataggio

  Immigration Attorney

  Answered on January 31, 2020

  I would defer to the validity dates on the cards.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on January 31, 2020

  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.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on January 31, 2020

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

• Belma Demirovic Chinchoy

  Immigration Attorney

  Answered on January 31, 2020

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