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How can our married daughter immigrate with us through the EB-5 program?

Our daughter is 19 and is currently married. If she gets divorced, will she be allowed to immigrate with us as a dependent through the EB-5 visa program? Will she need to be divorced by the time we file the I-526 petition?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    She is both under the 21-year age limit, but also married, which raises an interesting scenario. She may need to consider processes independent from your process.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The general rule is that applicants can only bring their unmarried children. Based on these facts, hopefully, the divorce is not purposely for the EB-5 petition. If, however, she is genuinely divorced, she could qualify as an unmarried child. Advisably, consult an attorney for further analysis and plans to better address this issue.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The definition of a dependent for immigration purposes includes unmarried children (under 21). So if your daughter obtains a valid and legitimate divorce, she may immigrate with you, assuming she meets all other eligibility/admissibility requirements.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Only an unmarried child under age 21 at the time of filing of the I-526 petition is considered an immediate relative to be included in the principal investor's I-526 petition. She must be unmarried to consular process or adjust status in the United States if eligible. A divorce must be a bona fide divorce not to seek an immigration benefit.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your married daughter cannot immigrate. Only unmarried children under the age of 21 can immigrate with you. If she has a bona fide divorce, you can include her in your application either to adjust status or at the American consulate abroad. She needs to be divorced by the time you apply for your immigrant visa at the American consulate abroad or at the time she applies for adjustment of status. A word of caution; if she divorces and gets her green card and then turns around and remarries, there could be a question about the bona fides of the original divorce.

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    John J Downey

    Immigration Attorney
    Answered on

    If she is divorced then she is unmarried and under 21. The safest way is probably to have the final divorce decree at the time of filing the I-526.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A child who was once married but has since divorced (and is therefore unmarried at the time of filing for an immigrant visa) may qualify once again as the derivative child of the principal, provided the child is under 21 or eligible for derivative benefits under the Child Status Protection Act (CSPA). However, caution, it must be a legitimate divorce and not one interceded into to obtain immigration benefits.

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    Steffanie J Lewis

    Immigration Attorney
    Answered on

    If your daughter divorces, she is no longer married, and provided you have an embassy interview before she turns 21 years of age, she would meet the requirement of being an unmarried child under 21 years of age. If she divorces after your file it may appear that she is only divorcing in order to obtain immigration with you. She must be divorced at the time she files with the Department of State in order to be eligible to file for an immigrant visa.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If she is unmarried and under 21 she will qualify as a dependent.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Not if she is married; yes if she gets divorced.

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