My dad (principal applicant) didn”t quite enjoy his stay in the U.S. and is planning to leave as soon as the I-829 processing time is done but he doesn”t want to wait that extra 2 years.
I (derivative) would still like to continue living in the United States. Can my dad file the I-829 and leave (abandon status) without affecting me getting a permanent green card? Do we have an alternative if he leaves?
Answers
Lynne Feldman
Schedule a Free Consultation with Top EB5 Visa AttorneysBest if he applies for a reentry permit with plans to return before it expires and not abandon his green card until you are approved.
Phuong Le
Schedule a Free Consultation with Top EB5 Visa AttorneysHe can file the I-829 and include you as a dependent. Once he files (so long as he also does his biometrics), he is not required to stay in the U.S. during the whole entire time the I-829 is pending.
Dale Schwartz
Schedule a Free Consultation with Top EB5 Visa AttorneysIf he is outside the U.S. for more than 12 months, his green card will be cancelled. Have him ask his lawyer about applying for a Reentry Permit. Otherwise, he should come back here every six months or so to be totally safe.
Bernard P Wolfsdorf
Schedule a Free Consultation with Top EB5 Visa AttorneysIf he leaves, he should apply for a reentry permit before going. If he abandons, then the rest of the family can be in jeopardy unless the mother divorces him.
Belma Demirovic Chinchoy
Schedule a Free Consultation with Top EB5 Visa AttorneysNo, the principal cannot abandon status until I-829 is approved without negatively affecting dependent beneficiaries. Discuss options with your attorney.
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