Why does a newborn of an EB-5 visa holder get a 10-year green card while the parents get conditional green cards? - EB5Investors.com

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

Daniel A Zeft

Immigration Attorneys
Answered on

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

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

I would defer to the validity dates on the cards.

Mark AM Catam, Esq

Mark AM Catam, Esq

Immigration Attorneys
Answered on

It is likely a mistake.

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