The dependent spouse and child adjusted their status through I-485, and their applications were pending when the principal investor filed his I-829. So now the dependent spouse and child need to file I-829 separately from the principal investor.
For dependents who are not investors, do they need to fill in Parts 6, 7, 8 in I-829, and attach “Evidence that the investor sustained their investment in the NCE”? Or is submitting the principal investors I-526 and I-829 receipt sufficient to link the dependents” applications to the principal investor?
Answers
Salvatore Picataggio
Immigration Attorneys DirectoryI would still submit evidence, which should still be available from the Primary''s I-829.
Bernard P Wolfsdorf
Immigration Attorneys DirectoryWhile every application should stand on its own, and it is safe to make sure all required supporting documentation is included, you need to reference the receipt for the principal applicant and explain that they are derivatives connected to that application. There is no exception for derivatives to submit skeleton applications so best to be complete.
Phuong Le
Immigration Attorneys DirectoryI would fill out those parts and add an explanation at the back of the form that explains they are a dependent beneficiary and list the name of the primary applicant and the I-829 petition receipt/WAC number. It does not hurt to resubmit the evidence to make the job of the USCIS easier, but it is up to your filing attorney.
Kristal Ozmun
Immigration Attorneys DirectoryIf the I-829 of the principal is still pending, they can simply amend his filing to be added.
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.