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How can I file for the EB-5 visa for my family?

Can a person just file EB-5 for his wife and child since he can''t file for himself because of work? If I invest the money, can my wife and child get the visa? Once my wife and child get their temporary green card, can I come to visit on a visitor''s visa?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, you must gift the funds to your spouse. Thereafter, your spouse may petition for an I-526 as a principal petitioner, and the child will be included as a derivative as long as the child is under the age of 21 and unmarried. You may apply for a visitor visa.

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    A Mina Tran

    Immigration Attorney
    Answered on

    You can file for the EB5 green card once you have made the investment into the project or business. Yes, your spouse or another member of your family can be the primary investor. Once your family is here with a green card, it may be difficult to obtain a visitor visa depending on the situation with the consulate in your home country.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Yes you can file for your wife and children, while you can visit, there is no guarantee that you will get a visitors visa.

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    Ed Beshara

    Immigration Attorney
    Answered on

    You can have your wife become the investor and therefore your wife and child will first become conditional permanent residents. Of course, if you need to live and work in your home country you will be able to visit your wife and child in the U.S.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Yes, yes and, most likely, yes. Moreover, your wife will be able to petition for your permanent residence down the road, when you''re finally ready to move to the U.S. Keep in mind, though, that in order for your wife and child to receive the green cards without you, your wife must be the investor, so you''ll have to transfer the money to her.

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    Marc Yelnick

    Immigration Attorney
    Answered on

    The "investor" files the petition. You or your wife could be the investor, with the other getting residence as a derivative/dependent. The non-applying person is eligible to process for any other type of non-immigrant visa for which he is eligible, including as a visitor.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your wife would have to be the investor and your children can be included under her petition. Another option may be for you to apply as the investor for the EB-5, along w/your family, and then file for a Travel Document, which preserves your Permanent Residence status in the U.S., but allows for you to stay abroad extended periods (renewable in 2 year increments) without having to reside in the U.S. People who have business abroad use this to maintain their green card status even though for business reasons they stay abroad and work abroad. This way, you can come and go to see your family whenever you want (without applying for a visitor''s visa) and still maintain your work abroad. Contact us if you need further assistance.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The answer to your questions is yes, but you need to legally give the money to your wife, who will be the investor. So, this is not your investment, it is her investment. You should be able to visit on a tourist/visitor''s visa.

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    Ying Lu

    Immigration Attorney
    Answered on

    Yes, you can gift the money to your wife so that she and your unmarried child under 21 years old can apply for the EB-5 Visa. Once they get the green card, you may still be able to come to visit them on a visitor''s visa. However, you need to show that you do not have the immigrant intent in order to obtain your visitor''s visa.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The EB-5 visa and approval of the USCIS I-526 petition is tied to the actual person making the investment of personal investment funds. You can provide those funds to your wife as a gift, and she could be the investor with these funds. Then, she can list your children (under the age of 21) as derivative beneficiaries. You could also be listed as a derivative beneficiary or, if you have no intention to ever join your wife and children in the U.S. permanently, you could visit on a visitor visa (though there may be issues with binding ties to your home country if your family lives in the U.S.!). As you can see, there are many aspects of a U.S. Immigration plan that are best reviewed and analyzed by experienced U.S. Immigration counsel, like the attorneys at our law firm.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The income you generate is considered the same as your wife''s money. Thus, she could be the investor even though she had not worked and earned the money for the investment. The immigrant visa under EB-5 is for the investor, spouse and all the children under 21. However, there is no requirement that spouse or children must accompany the investor or at the same time as the investor. Therefore, if you cannot accompany your wife when obtaining her green card, it is okay to only to do it for her and your children.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    I would advise that you speak with an Immigration attorney that has experience in handling EB-5 cases who can guide you and your family through this process. To answer your question; yes, your wife can invest the money (as long as she can prove the source of funds i.e. documentary proof showing how and where she was able to earn/get the money used for the investment) Any children under age 21 would be able to come in with her as derivatives. Your ability to get a visitor visa, after your spouse and children have lawful residency in the U.S. will depend on your ability to prove that you intend to return to your home country after your brief visit. With your wife and child(ren) here, the US Consulate would have concerns about your ability or willingness to return and be separated from them, but if you are able to prove that you will return to the home country, you should be able to get a tourist/visitor''s visa. Please do not hesitate to contact me should you have any additional questions or concerns.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    You may want to consider gifting the funds to your wife so she may submit the I-526 directly. We would be happy to discuss your possible options and strategies.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Yes the principal applicant can be your wife and you need not be included in the EB-5 petition. Your wife''s status as a Green Card holder does not prevent you from obtaining a Visitor''s Visa as long as you can show that you have no intent to immigrate to the United States.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If you are the principal applicant, you must file the case yourself. If you make a gift of the money to your wife, then she can file for herself and the children under 21. Most people file themselves. After the family gets approved, you would all have to travel to the USA to finalize the green cards. Once you have a green card in hand, you can apply for a Re-Entry Permit which will let you stay outside the USA for up to 2 years. This can be renewed here for another 2 years. Thus you would have 4 years to remain outside the USA, with only infrequent visits here. Let us know if we can assist you.

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    Olga Karasik

    Immigration Attorney
    Answered on

    Yes, you can provide funds for your wife to become a primary petitioner for the EB-5 visa and not include yourself in the application process. You will be allowed to apply for B-1/B-2 visa to visit the US.

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