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How can an adopted child get an EB-5 green card?

I am an EB-5 applicant from China. My I-829 is pending and I just completed adopting a child in China. How can my adopted child also get a green card?

Answers

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    Charles Foster

    Immigration Attorney
    Answered on

    This is a problem insomuch as you are already a permanent resident of the United States on a conditional basis. If you had adopted your child one day prior to obtaining your lawful permanent residency on a conditional basis, you could include your child. Now, as a permanent resident, you may petition for your adopted child, but there is a backlog under the quota. If, after five years as a lawful permanent resident, you become a U.S. citizen, there would be no backlog. Thus, you should see an immigration lawyer who deals with family immigration cases, hopefully Board Certified in the field of immigration and nationality law by his or her State Bar.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Since your adoption was completed after you became a permanent resident, at this stage you will need to file/petition for your adopted child as a lawful permanent resident petitioning for a family-based immigrant relative petition, provided that your child is a minor, and all the adoption paperwork is in order.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If your child is under 16, and adopted pursuant to Hague Convention Rules, you can include the child in your I-829 filing.

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