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How does USCIS determine eligible family members of an EB-5 investor?

I want to invest $500,000, apply for an EB-5 visa, and have my family come to the United States. If I claim my parents who are over 60 years old as dependents, will they be allowed to immigrate? What family members are eligible to immigrate with an EB-5 investor? How does the USCIS determine the eligibility of these family members?

Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    For all U.S. immigrant visa categories, including EB-5, dependents include only spouse and children under 21. Parents are not included, even if they are dependent upon the principal applicant for support. Only a U.S. citizen over 21 years old may petition for his or her parents.

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    Elana Laverty

    Immigration Attorney
    Answered on

    Only your spouse and your minor children (under the age of 21) will be able to be derivative beneficiaries of your I-526 petition. Your parents will not be able to receive any benefits from your petition, although there are options down the road once you become a U.S. citizen. Please note that in order to be eligible as a derivative beneficiary, your child(ren) must be under the age of 21 before the date of your I-526 filing. Please also note that there may be additional issues associated with Chinese retrogression and minor children aging out. These are topics that should be discussed with an experienced immigration attorney.

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    Louis M Piscopo

    Immigration Attorney
    Answered on

    Only your spouse, and minor (under 21) unmarried children qualify to immigrant as a derivative beneficiary of your EB-5 petition. Your parents, regardless if they are listed as your dependents, will not be able to immigrate.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Spouse and children under 21 years of age at the time of filing the I-526 can be included from the beginning. Once you become a permanent resident and/or citizen, you have other options for petitioning for extended family. Retaining an attorney could be beneficial to you.

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    Oliver Huiyue Qiu

    Immigration Attorney
    Answered on

    Unfortunately your elderly parents will not be considered as your dependents for the purpose of EB-5 application. Only your spouse and children under 21 years of age will be treated as your EB-5 dependents, who could benefit from your investment and receive both conditional and permanent green cards at the same time as you. In order to provide green cards for your parents, you will need to become a U.S. citizen first. Good news is that you start to accrue the required five-year period after receiving the conditional green card. That five-year is required as one of the several conditions to file for U.S. citizenship. You are correct to note the tax definition for dependents could include your parents. But do not confuse tax code with immigration law, even though some say they are equally complicated in the United States.

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    John J Downey

    Immigration Attorney
    Answered on

    Only your spouse and unmarried children under 21 years old may be included in your petition.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    Unfortunately, claiming your parents as dependents will not make your parents eligible to immigrate with you on your investment. Only eligible individuals are you, your spouse and children under 21.

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    Denyse Sabagh

    Immigration Attorney
    Answered on

    Immediate family is defined as spouse and children under 21.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It is not the USCIS'' policy or decision. The statute sets forth the criteria for immigration. Paraphrased, it provides that an investor and the immediate family comprising of a spouse and unmarried children under 21 could immigrate together. Thus, no parents. However, if you become an U.S. Citizen five years after becoming a permanent resident, you could sponsor your parents at that time.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You may include a spouse and children who are unmarried and under age 21 in your I-526 petition, who are your immediate relatives under the U.S. immigration law. You may not include your parents in your I-526 petition. However, when you become a U.S. citizen, you will be able to petition for your parents to immigrate to the United States as permanent residents and join you. Alternatively, a parent may file a separate I-526 petition as an EB-5 investor and will be able to include his or her spouse in I-526 petition.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Spouse and children under 21 are dependents.

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    Ying Lu

    Immigration Attorney
    Answered on

    Your parents cannot immigrate with you on the EB-5 visa application. You can only apply green card for your spouse and unmarried children under 21 years old. However, after you become a U.S. citizen, you can bring your parents to the United States as permanent residents.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    You can bring your immediate family members only. Immediate family members are your spouse and children under 21. You can sponsor other family members after you become a citizen or permanent resident.

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    Anthony Korda

    Immigration Attorney
    Answered on

    The investor, the investor''s spouse and any unmarried children under the age of 21 at the time of filing may be included in an EB-5 visa application. Other relatives may not be included. Once you become a U.S. citizen you may sponsor your parents. USCIS recognize the following legal relationships for EB-5 purposes: marriage and parent/child. Valid documentation such as marriage certificates, birth certificates and adoption documentation will be required.

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    Michael A Harris

    Immigration Attorney
    Answered on

    As the principal investor, you are only able to bring your spouse, and children who are under 21 years of age at the time of filing (note, as long as those children have not aged out). Unfortunately, simply claiming your parents as dependents will not allow them to accompany you with your petition for permanent residence. Your parents might be able to obtain a tourist visa to come and visit you for periods of time.You should speak with an experienced immigration attorney about those options if you decide to pursue a residence petition. Otherwise, after five years of being a lawful permanent resident you are eligible to seek U.S. citizenship. Upon being granted US citizenship you may file a petition for your parents, which will allow them to obtain an immediately available immigrant visa upon approval at the U.S. consulate.

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    Ian E Scott

    Immigration Attorney
    Answered on

    Green cards are available for investor, spouse and minor children (under 21).

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