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[Q] Can follow-to-join dependents be included in the same I-829?


[Q] USCIS touched upon this issue in the past, but the answer provided then was unclear, so this is a follow-up. Can a dependent spouse and children be included in the same I-829 petition with the principal applicant (i.e., the investor), even when the conditional resident status for the spouse and children will expire several months later than the principal applicant's conditional resident expiration date? Furthermore, even if the dependents are not included in the principal applicant's I- 829 application, once the principal applicant's I-829 is approved, will the dependents' I-829s be deemed to be approved, without filing separate I-829 by the dependents?

USCIS Answer: Yes they can be included as their status is directly related to the investor’s status as long as the adjudication of the I-829 occurs after the derivatives have reached the filing period described in INA § 216A. If the derivative beneficiaries have not been admitted to the United States for at least one year and nine months at the time that the principal’s I-829 is approved, they will be required to file a separate I-829 during the period described in INA § 216A.