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How can I include my children under my EB-5 petition?

I am married and have one son. I have a daughter from a former relationship that lives with his mother (my former wife). Can I include my daughter as well on my EB-5 application, even though she is not related to my current wife? Also, if we have a third child at some point before the I-829 is approved, will my third child be covered under my EB-5 petition?

Answers

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    Answered on

    It may be possible for all the children to be covered and the best way to ensure the most approvable processes is to have the assistance of an immigration attorney.

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    Answered on

    You would be able to include your children after your I-526 is approved, during the consular process or adjustment of status stage.

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    Answered on

    If you are the primary applicant, then you can include all your children from current or prior relationships. If your wife is the primary applicant, your daughter from the prior marriage can still be included as a "stepchild" if you married your current spouse before your daughter''s 18th birthday. If you have more children before the green card approval, then they can be added to your application. If you have a child after you become a resident then you should either apply for the child via a family petition, or if the child is born in the United States, then they will be a U.S. citizen.

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    Answered on

    All you children under 21 and unmarried will be included. However, both parents must consent, so your former spouse must agree.

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    Answered on

    All minor children (under 21) of yours may be included in the EB-5 petition (irrespective of different mothers). For future-born kids (born after I-526 petition filing/approval), they may have to be petitioned for separately under a family-based petition (petitioned by you as the "green card" holder filing for a child/dependent under 21).

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    Answered on

    Yes. So long as all your children are unmarried under the age of 18.

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    Answered on

    Children who are unmarried and under 21 can be included. If you have a child after the conditional residence is approved, the child is a U.S. citizen if born here. If not, you would need to file an I-130 petition for the child in the FB-2A category.

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