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Question:

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What considerations should be given to omitting a spouse or child from an EB-5 1-526 petition? I understand that current EB-5 regulations allow the investor to apply for the visa for the whole family in one petition. However, due special circumstances, my wife will not be able to move in the coming four years. What should be considered when deciding to omit a child or spouse from an 1-526 petition?

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Answers:

July 21, 2014 13:22 Ed Beshara

As an investor you can refer to your family members ( as in this case your wife) in the I -526 petition. If the spouse does not obtain the conditional permanent residency them the spouse may be referred to in the I-829 petition to be filed usually 3 years after the filing of the I-526 petition. The I-829 petition may take several months before their is an adjudication of the I-829. Therefore it may take 4 years before the spouse obtains unconditional permanent residency.

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