If the principal EB-5 investor with a pending I-829 does not stay permanently in the U.S., how does that affect their case approval? - EB5Investors.com

If the principal EB-5 investor with a pending I-829 does not stay permanently in the U.S., how does that affect their case approval?

My mother is the principal EB-5 investor with a pending I-829 and I am her dependent. Over the past 4 years of her I-829 pending, she has filed for multiple I-131s or visited the U.S. every 6-7 months, but never permanently lived in the U.S. Unlike me, who has a job here, she does not have a job so does not want to live in the U.S. Is it ok for the primary petitioner to never live permanently in the U.S. if she constantly gets I-131s approved or visits the U.S. every 6 months? She has a bank account and owns a property, but never stayed in the U.S. for more than 6 months over the past 4-5 years since getting conditional permanent residency. Does the fact that she never lived in the U.S. permanently affect our chances of getting the I-829 approved, or getting it faster?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys Directory
Answered on

The reentry permit is helpful but the facts are also important. If the principal is deemed to have abandoned status, then the derivatives must also be denied.

Lynne Feldman

Lynne Feldman

Immigration Attorneys Directory
Answered on

Reentry permits are fine for her to keep up her permanent residency - recommended until you get your 10 year PR card.

Mitch Wexler

Mitch Wexler

Immigration Attorneys Directory
Answered on

It will only adversely impact you if she loses her conditional green card status before 829 approval. After 829 approval, your status can be "de-linked" from hers and she can even surrender her green card and you will be fine. That she has been issued Reentry Permits preserves her green card status for the duration of the permits.

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