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How can an expected grandchild also obtain an EB-5 green card?

We are waiting to hear back about our I-526 petition. However, my daughter is now expecting a child. We are wondering if the baby will also be eligible for an EB-5 green card under our application? Do we have to update our petition with this information? What do we have to do so my expected grandchild can also receive U.S. residency?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    If your daughter is unmarried under age 21, she is included in your I-526 petition. Her expected child cannot be included in your I-526 petition. Once your daughter obtains her lawful permanent resident status when she immigrates to the United States with you or adjusts status if in the United States, she can file for her child. Please contact your immigration attorney or another experienced immigration attorney to discuss the specifics of your case.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You can add the new child after I-526 approval (when actually applying for the visa at the U.S. consulate).

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    John J Downey

    Immigration Attorney
    Answered on

    After the child is born you would include the child in the I-485 application along with the parents. Bring the birth certificate to the interview for a visa at the U.S. consulate in your country.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No, the grandchild will not be included. You can try for humanitarian parole for the grandchild and if not granted, have the parent file for the child once he or she is a permanent resident.

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