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How can my entire family immigrate to the United States through the EB-5 visa program?

I am an Egyptian, and I have a wife, a 22-year old daughter with a degree, and another daughter who will be completing secondary school next spring. My younger daughter would like to attend a U.S. university next year, my older daughter wants to attend a U.S. graduate program, and my wife would like to be there to take care of them. Will this be possible through the EB-5 visa program? How can my entire family immigrate to the United States through the EB-5 visa program?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    You as the investor, your spouse and minor child (under 21) will all obtain their permanent residency status. However, your child who also has obtained 21 years of age will have to apply for residency by her own EB-5 investment. Preparing the source of fund documentation will take several weeks and the concurrent preparation of the project documentation will take an equal amount of time.The processing of the investor''s petition and the consul process will take approximately 16 months.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your spouse and any minor children (under 21) can be included with your I-526 petition. Your children older than 21 would need to wait until you become permanent resident or citizen so you can petition for them through a family-based process.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    EB-5, along with all other U.S. immigration categories, will allow the principal applicant (petitioner/investor), spouse and dependent children under 21 to immigrate. Therefore, your 22-year old daughter would not be included in your case. She could do her own investment, assuming she otherwise qualifies.

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    John J Downey

    Immigration Attorney
    Answered on

    You could bring your wife and youngest daughter under EB-5, but your oldest daughter has "aged out" as she is over 21.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. You would have to file two separate EB-5 cases (and make two separate investments), to ensure that your adult daughter can also immigrate with you.

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    Anthony Korda

    Immigration Attorney
    Answered on

    The EB-5 visa program permits an investor, the investor''s spouse and any unmarried children under the age of 21 at the time of filing the I-526 petition (subject to certain conditions) to immigrate to the United States together. Your 22-year old daughter will not be included in your visa application and would either have to make her own investment, or qualify for a separate visa category in order to be able to join you in the United States.

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    Ying Lu

    Immigration Attorney
    Answered on

    Since your older daughter is older than 21 years old, she cannot be included in your EB-5 petition. But you can bring your wife and younger child if she is unmarried and younger than 21 years old. Your older daughter can come with an F-1 visa if she wants to study in the United States. Once you obtain your green card, you can immigrate your older daughter based on a family-based immigration petition if she is still unmarried at that time.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, EB-5 or any immigrant visa for obtaining a green card applies only to the principal applicant, plus spouse and unmarried children under 21 years old. Thus, while you, your wife and second daughter may be able to immigrate through the EB-5 program, your first daughter will not be able to join you. As she wants to go to graduate school, I think her best option may be a student visa F-1 route before you actually obtain your immigrant visa.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Your spouse and any unmarried children under 21 can immigrate with you. Your older daughter would need her own immigration strategy.

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    Louis M Piscopo

    Immigration Attorney
    Answered on

    Only the spouse and unmarried minor (under 21 years of age) children of the primary investor may be included with and immigrate based on an EB-5 petition/visa. Your 22-year old daughter cannot be included. Once you obtain your green card you can petition her to immigrate to the United States, but it will take several years.

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    Lana Kurilova-Rich

    Immigration Attorney
    Answered on

    Unfortunately, only the kids younger than 21 can accompany you under the same EB-5 program. Your 22-year old needs her own visa, independent of yours, so it may be an F-1 student visa or something else, but she cannot come in under your EB-5.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Unfortunately, only a spouse and an unmarried child under age 21 at the time of filing the I-526 petition are eligible to immigrate with you to the United States if you are the principal EB-5 investor as part of your I-526 petition. To that end, your 22-year old daughter is not eligible to be included in your I-526 petition to immigrate as your derivative because under the U.S. immigration law, she is no longer your child due to having reached age 21. You may want to consider gifting funds to your 22-year old daughter, so she can file her own I-526 petition as a principal EB-5 investor to immigrate to the United States. You must still be able to demonstrate the original funds for the gift are derived from a lawful source. Alternatively, you may consider your 22-year old daughter applying for an F-1 student visa to study in the United States and then explore other immigration options for her in her own right. Please consult an experienced EB-5 immigration attorney to discuss the specifics of your case.

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    Rohit Kapuria

    Immigration Attorney
    Answered on

    Unfortunately, your older daughter has aged out and so cannot come as a derivative of your application. Generally, a qualifying immigrant investor can invest $500,000 into a business and the investor''s spouse and children under 21 years of age can be part of that application. I assume your younger daughter is under 21 and so she would qualify as a derivative. If you are financially able, you can gift your older daughter $500,000 so that she can invest in a business as a separate investor while your application is pending.

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    Kyle Barella

    Immigration Attorney
    Answered on

    A legally married spouse and any unmarried children under the age of 21 may accompany you on your EB-5 visa. Since your eldest daughter is over the age of 21, she would need to make a separate EB-5 petition or find an alternative path to status in the United States. Please feel free to reach out to an immigration attorney for additional assistance.

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    Kripa Upadhyay

    Immigration Attorney
    Answered on

    Investment into the EB-5 regional center of your choice will help you, your spouse and daughter under age 21 to immigrate to the United States; however, your daughter who is now 22 will not be able to come to the United States under the same application. She will either have to invest separately, or alternatively, once you have removed the conditions on your residence and IF she is still single at that time, you or your spouse can petition for her. This is likely to be a good five-seven year wait for her to get Lawful Permanent Residence status. It would be best for you to consult with an experienced Immigration attorney to plan for the immigration of the entire family, as yours is a case that is going to need quite a bit of thought and planning in order for all of you to be in the United States at the same time.

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