Sudden Crises: The "Change of Command" Risk During Long Waits

In programs with multi-year backlogs, such as the US EB-5 Immigrant Investor Program or Canadian Provincial Nominee Programs (PNP), the main applicant is often the family's primary breadwinner. But during the excruciating 5 to 10-year waiting period, if the main applicant unexpectedly passes away due to severe illness or if the couple divorces, can the dependent applicants (spouse and children) still keep their green card eligibility?

1. Death or Incapacitation: Humanitarian Exemptions

If you have already submitted your immigration application (like the US I-526 or entered the Canadian EE pool) and the main applicant tragically passes away:

• **United States:** Under certain derivative clauses of the Family Sponsor Stricture Act, if the main applicant passes away after the I-526 is approved but before receiving the green card, USCIS allows the surviving spouse (or adult children) to **step into the main applicant's shoes**, completing the entire immigration process without having to restart the queue.
• **Canada:** There are similar humanitarian considerations for "Processing pending" cases. The spouse can submit a highly exceptional H&C (Humanitarian and Compassionate) exemption request to the Minister of Immigration to retain their eligibility.

2. Divorce: The Coldest Rule of Separation

Once the court issues a divorce decree, legally, the spouse is no longer a dependent of the main applicant. This means:

• If a divorce occurs before the green card is officially issued, **the former spouse will be immediately removed from the dependent applicant list**, losing all immigration eligibility. Even if you paid the entire investment amount upfront, as long as you are not the main applicant, you will have to pack your bags and leave.
• If you attempt a "concealed fake non-divorce" just to retain eligibility, and it is discovered by the immigration bureau, you will be charged with severe fraud, and even the main applicant's green card will be revoked.

3. Substitution Strategy: Practical Possibilities for Transferring the Main Applicant

The vast majority of conventional skilled migration and employer-sponsored programs in most countries strictly **prohibit changing the main applicant mid-process**, as the eligibility is tied directly to an individual's specific educational background and work experience.

However, in pure "investment immigration" programs (such as certain island passports or European property investments), as long as the funds are paid from a joint account and the dependent spouse also meets the extremely simple investment threshold, we can adopt a "dual main applicant filing" strategy at the very beginning of the application. Alternatively, after an incident occurs, we can rapidly withdraw the case and resubmit a new application in the spouse's name (retaining the original investment assets) to minimize the loss.

Law Firm Risk Control Advice: For projects involving massive investments and long waiting periods, extreme succession risks must be considered at the onset of the application. For elderly clients, we often recommend directly designating their young-adult eldest son/daughter as the main applicant (through lawful parental wealth gifting), who can then sponsor the parents in reverse. This completely severs the risk of a green card interruption caused by the main applicant's health crises.