Sunrise, FL Immigration Law Firms & Lawyers

Depends on the facts of the case and why he stayed away more than a year, did he continue to pay U.S. taxes and maintain other contacts with the U.S. There is an option for a Returning Resident Permit in some cases. Or he may need to re-file for permanent residency.

An I-526 EB-5 petition does not depend in any way upon the petitioner's marital status. You may or may not choose to notify U.S.C.I.S. of the change in your marital status at this time. You will have to show the proof of your marital status in the next phases after the I-526 adjudication assuming that it is approved.  Yours is a common problem brought on by the fact that U.S.C.I.S. has had an extended period of adjudication for I-526 petitions because of the number and complexity of them. However, the agency did announce recently that it would speed up adjudications for those from countries with little or no immigrant visa backlog in the category.  Hopefully that will help your case.That means however, that it will be conversely further backlogging countries which currently have long EB-5 backlogs, notably China. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

If he does not have any other issue, you can petition for him and it will take about 5-6 months for the USCIS to adjudicate I-130 visa petition. If approved, it will take another 4-6 months for national visa center and the embassy to schedule interview