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How can a stepchild become eligible for an EB-5 visa?

My stepfather is investing $1 million dollars in a business in Miami, and wants to apply for the EB-5 green card. I am 27 years old and currently unmarried. As his stepson, am I eligible for the EB-5 visa based off of his investment? How do stepchildren become eligible for an EB-5 visa through their parents?

Answers

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, the minor child who could apply as a derivative family member of an investor is 21 years. This is true for all immigrant visa categories. As a 27-year-old, you do not qualify to be his derivative, but must file your own application after investing in a project yourself. The fact that you are the stepchild is not a deterrent, but your age. Your stepfather may give you the funds to invest so that you could do your own case.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    You would only be able to be included in the case if: a. You were under 21. b. Your mom got married to your stepdad before your 18th birthday (in which case, you would be considered his "child" for immigration purposes).

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You would not be eligible based on your age alone. Only children under the age of 21 can benefit from a parent's petition.

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    John J Downey

    Immigration Attorney
    Answered on

    To be eligible as a child you must be under 21 as well as unmarried. You might have your stepfather "gift" the investment to you so that you would be the investor.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    As a stepchild you qualify only if your parents were under 18 when they married. In this case they need to donate to you and then you invest directly.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If you are over 21, you get no benefit from your stepfather's EB-5 approval. He will have to get his green card and then apply to sponsor you if you stay single. If you marry, you will have to wait at least five years until your dad can become a U.S. citizen (and then he can sponsor you). All this assumed you were young enough when he married your mother.

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    Jeff Khurgel

    Immigration Attorney
    Answered on

    If your mother had married your stepfather prior to your turning 18, and you were under 21 when your stepfather obtained his green card, you could''ve been classified as a stepchild under immigration law. In your case, you wouldn''t be eligible to benefit from your stepfather''s EB-5 investment. You would need to qualify based on an investment of your own, independent of his.

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    Ian E Scott

    Immigration Attorney
    Answered on

    Stepchildren are not considered dependents for visa purposes.

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