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What restrictions are there on family members included on my EB-5 application?

Hello. I want to know if my unmarried, pregnant daughter is still eligible for an EB-5 visa under my application. If my application is approved, can she still come to the United States with the rest of us, her family?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If she is under 21 at the time you filed the I-526 petition, she may still be included. Consult with an immigration attorney to assist you.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The EB-5 regulations and new policy memorandum will authorize the investor to file an I-526 petition for their spouse and minor children under 21 years of ageeven if the child turns 21 years old after the I-526 petition the child will still obtain their conditional permanent residency.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If she is under 21 years of age at the time of filing, you will be able to add her to your EB-5 application.

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    Sara Wang

    Immigration Attorney
    Answered on

    On an EB-5 application, the petitioner is allowed to petition for him/herself, his/her spouse, and their minor unmarried children (under the age of 21). Depending on the country of birth, if there is visa retrogression, the child may have to be a few years under 21 when the petitioner files for EB-5 to not age out during the process.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    In order for derivative children to be included in the processing for permanent residence alongside your own processing, they must be under 21 years of age. If she is under 21, she can be included. If not, you may petition for her after you become a permanent resident.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, if she is under the age of 21 and unmarried.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    She can be considered a derivative if she is under the age of 21 and unmarried.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, provided that she remains unmarried and under the age of 21 as calculated by the Child Status Protection Act, which allows one to deduct about one year from the age of the child.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Derivatives can be spouses and unmarried children under the age of 21.

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