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How does a child born during the EB5 process get a green card?

I am in the process of applying for an EB-5 visa and my wife is pregnant at the moment. When she gives birth, will my child be able to immigrate to the United States along with the rest of my family?

Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    Yes, your new born child will be able to immigrate with you. There are different ways to do it depending on when the child was born.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Yes, you can add the new born child. There are different ways to add the child, depending on which stage of application you are at.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The child can be included if born prior to the permanent residency grant (date of entry into the U.S. in PR status). There is also an exception whereby a new child can be granted PR even if born after the PR is granted if the child is declared on the first visit back to the home country after PR is approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    If the child is born after you receive permanent residency, of course! If the child is born before the I-526 is filed, then the child is added to the petition as a derivative beneficiary. If the child is born after I-526 approval and before applying for permanent residency, the NVC can be notified of the new addition and send the immigrant visa invoice for the baby.

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    Rachel Lew

    Immigration Attorney
    Answered on

    You can include the child during the consular visa processing applications and pay the necessary visa fee. You will need to first obtain a birth certificate and passport for the child to apply for his or her immigrant visa.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Based on the facts you present, your child may apply for conditional permanent residency through the U.S. consulate, especially if the child is born in your home country before you, your spouse and the rest of the family apply for the conditional permanent residency visas at the U.S. consulate. However, the good news is that if your wife is in the United States after you and your spouse and the rest the family have obtained your conditional status and the child is born in the U.S. then the child will become a U.S. citizen.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Short answer is yes. Long answer is depending on the timing of when the child is born, they can be included at any stage of the EB-5 Petition and the subsequent greencard processing. If he/she is born after the completion and granting of the green card, you can file a "following to join" petition for the child as well.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes; your child will be able to receive an immigrant visa if he or she is born prior to your immigrant visa interview. If born after the immigrant visas are issued, the child may travel with you during the first entry into the United States as a lawful permanent resident. The child will be given conditional LPR status also. Finally, if the child is born abroad after you immigrate to the U.S., the child can still receive his or her conditional green card if the child enters with its mother during her first return to the U.S. after the child''s birth and before the child turns two years of age.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Yes. Once your I-526 petition is approved and the case gets transferred to the National Visa Center for processing, you will need to add your child to the case. Good luck.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    Yes, the child will be able to immigrate with the family, and if the child is born in the U.S., the child will be a U.S. citizen.

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    Anthony Korda

    Immigration Attorney
    Answered on

    Yes. If your child is born after the I-526 Petition is filed but prior to the visa application, the child will be included in the visa application. If the child is born outside the U.S. to a mother who is a permanent resident, the child will be deemed a permanent resident if brought to the U.S. within the first 2 years of birth. If the child is not brought to the U.S. during the first two years, then a separate visa application will have to be made and this could be subject to priority date delays.

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