Question:
How can I petition for my husband at a later time? Can I add only my children initially and then later when my husband can come I petition for him? If so, at what stage can I do this after the the conditional status is removed or before it is? And how long would such a petition take?
Answers:
Please note obtaining an EB-5 visa is obtaining conditional permanent residency and not U.S. citizenship. You and the minor children can file an EB-5 petition and apply for an EB-5 conditional permanent residency without including husband.
In two years time at the I-829 stage the husband can be included in the petition and obtain unconditional permanent residency. The processing of the I-829 petition can take more or less 12 months.
We recommend retaining qualified and experienced US Immigration counsel, like the attorneys at our law firm, to assist you with creating an approvable US Immigration plan. Family members can be included on the initial petition filed with the US Citizenship and Immigration Service, but they do not have to obtain their conditional permanent residency at the same time. There are certain timelines that will need to be considered for such a process.
BEWARE: The following is WRONG:
" You and the minor children can file an EB-5 petition and apply for an EB-5 conditional permanent residency without including husband. In two years time at the I-829 stage the husband can be included in the petition and obtain unconditional permanent residency."
ALL family members who will "accompany or follow to join" MUST be identified UPFRONT. They cannot be added as described above.