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[HOT] A lot can happen during the 2-year CPR period!


In life, things may not go as you planned or wished. I am not talking about something bad happening to the EB-5 project; I am talking about some bad and good things that can happen to you or your family member, such as divorce, death or marriage, etc. In this article, we will examine how certain material events, both bad and good, will affect your ability to obtain LPR status via I-829 process.

Divorce:

Principal Applicant (Investor) and spouse can get divorced. In this case, the EB-5 law is pretty clear. Divorce should not adversely affect your I-829. 8 CFR 216.6(a)(1), which governs this issue, reads:

Children who have reached the age of twenty-one or who have married during the period of conditional permanent residence and the former spouse of an entrepreneur, who was divorced from the entrepreneur during the period of conditional permanent residence, may be included in the alien entrepreneur's petition or may file a separate petition.

The above regulation specifically states that a spouse who was divorced during CPR period may be included in the Principal Applicant's I-829 petition, or may file I-829 separately. Since filing separately requires additional filing fee, filing together would be better; but what if the Principal Applicant refuses to include the former spouse's name, etc. Then, the former spouse has to file separately.

Dependent child turning 21 or marrying during CPR period:

The answer given for the divorced spouse applies to this case as well. Specifically, the dependent child who turned 21-years old or married during the CPR period can be included in the same I-829 filed by the Principal Applicant, or may file I-829 separately.

Death of Principal Applicant Investor:

Spouse and dependent children can file together, without the PA. See below regulation, 8 CFR 216.6(a)(6).

Death of entrepreneur and effect on spouse and children. If an entrepreneur dies during the prescribed two-year period of conditional permanent residence, the spouse and children of the entrepreneur will be eligible for removal of conditions if it can be demonstrated that the conditions set forth in paragraph (a)(4) of this section have been met.

Now, the above regulation begs this question: What if the Principal Investor dies or gets divorced not during the two-year CPR period, but after 2-year CPR period expires but while I-829 is pending? If you interpret the regulation literally (which is what you are supposed to do), then you are out of luck. We hope that USCIS will issue guidances on these matters that is humane and sensible to the real needs by real people. However, just this little analysis reveals many chinks in the EB-5 legal landscape.