I am a dependent in an EB-5 application, and my I-829 was recently adjudicated, but the primary applicant is threatening to cancel my green card. The new green card was sent to the primary applicant, so I don’t have access to the card. Can the primary applicant remove or revoke my green card (if the primary applicant has the physical card) even though I was granted an I-829?
Answers
Bernard P Wolfsdorf
Immigration Attorneys DirectoryAbsent fraud or other critical reason, the Principal does not have authority to cancel your green card at this stage.
Julia Roussinova
Immigration Attorneys DirectoryNo, you own your green card. If they are not releasing the green card to you, file an I-90 form to replace a green card and ensure you get an I-551 stamp in your passport until you get a physical green card received.
Belma Demirovic Chinchoy
Immigration Attorneys DirectoryI am sorry you are in this situation and the best advice I can give you is to get a lawyer. It sounds like you need not one but multiple attorneys to get out of this situation.
Lynne Feldman
Immigration Attorneys DirectoryNo, the green card is yours. If they refuse to give you the new 10-year card, you can file an I-90 for a replacement.
Andres Echevarria
Immigration Attorneys DirectoryYes, as the principal applicant of an I-526 petition, they can exclude their spouse in the I-829 Petition due to divorce. The I-829 petition process allows for the removal of conditions on permanent residence for investors and their derivatives separately. If they are divorced, the former spouse is not included in the petition. Please note that a former spouse can be included in the I-829 petition under certain conditions. If the spouse was divorced from the investor during the period of conditional permanent residence, the spouse may still be included in the investor's petition. Alternatively, the spouse has the option to file a separate petition. This provision allows for flexibility depending on the individual circumstances of the former spouse in relation to the principal investor's petition to remove conditions on permanent resident status.
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