What Happens in the Event of the Death of Principal EB-5 Applicant?
November 14th, 2018 - Kyle Behring
Pending/Approved I-526 but before Conditional Permanent Resident Status Dependent family members are eligible to have the pending I-526 petition adjudicated on, even if the principal applicant passes away, as long as they are residing in the U.S. in valid non-immigrant status at the time of principal applicant’s death. If dependents intend to enter the U.S. through consular processing and have not obtained the immigrant visa to enter the U.S. at the time of the primary petitioner’s death, the dependents would not continue to be eligible for the benefit. After Conditional Permanent Resident Status If the principal applicant dies after conditional permanent resident status has been obtained, then dependents will continue to be eligible to reside in the U.S. and be eligible to have the conditions removed (provided they can prove that the required jobs were created and investment was sustained until the application for I-829 petition to remove conditions).
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