The EB-5 petition has a long immigration cycle that may stretch over many years or even longer. So, you need to be prepared for unforeseen circumstances that may directly or indirectly affect your EB-5 petition.

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Death of the Primary Applicant

If I-526 approval occurs after the primary applicant’s death, then surviving dependents cannot claim conditional green card on the basis of such a petition.

Material Change in Project

If some applicants included in a I-526 petition have received their conditional green card while others have not, then a material change like change in investment project will disqualify the remaining dependents from conditional permanent residence.

Criminal Conviction

Criminal conviction is a general ground for revocation of green cards. So, this can result in rejection of the I-526 or I-829 petition. You may be eligible for seek waiver from inadmissibility due to criminal conviction but this is a complicated process that will definitely delay your EB-5 immigration cycle.

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A divorce before I-526 approval and grant of conditional permanent residence will mean only the primary applicant will qualify for the conditional green card. Divorce after grant of a conditional green card may complicate matters for the dependent family member when seeking a permanent green card. See How long you need to wait for EB-5.

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