If I lose my conditional green card and have a child over the age of 18, would the child still he able to get an unconditional green card?

In order for your dependent child who obtained his conditional permanent resident (green card) through your EB-5 processing, you must file to remove the condition in order for him/her to receive his/her "unconditional" permanent residency.

I don&#39t think so. The child is a derivative of you, so your would have to obtain an unconditional green card, and the child would get one at the same time. Perhaps there is a better way to accomplish what you want. You could apply for a re-entry permit, which is good for two years and allows you to remain outside the U.S. while your case is pending. We can help you with this, although, I must admit I have never seen an EB-5 client do this before.

After you and your child have received your conditional green card and should you relinquish your conditional lawful permanent residency, your child over the age of 18 would still be able to maintain his lawful permanent residency by causing to be filed, when appropriate, the I-829 petition to remove conditions.

If your son received his green card through his derivative status on your I-526, then he should be able to maintain his status in the U.S. with his conditional green card until such time as the I-829 is filed to remove the conditions from your green card. His status is tied to yours as a derivative of your petition. Therefore, he could only receive an unconditional green card if the conditions are removed on your card.

The child can stay behind and eventually obtain an unconditional green card.

Not under the current rules. That may be possible under the new rules. Under the current rules you have to file and get your I-829 approved and then if you surrender, it is possible your child can maintain the status.

You will have to wait until your condition is removed. Then you can abandon your green card and your adult child will be able to keep the green card.

It is possible for dependents to file their own I-829 petition. You should discuss with your attorney to determine if this is advisable in your case.

In order to preserve your child, who is a derivative family member under your petition, your child&#39s status is not a stand-alone status but a derivative of yours. Which means if you give up your residency, your child&#39s residency will be affected. I recommend that you keep your conditional green card stage at least until I-829 is filed. If you do not wish to stay in U.S., after getting the conditional green card, please obtain the re-entry permit that is good for two years, which will allow you to live in Korea for that duration while still holding onto the conditional green card status for you and your family.

No, if the principal immigrant does not get the condition removed from his or her resident status, the derivative also cannot get the condition removed.