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What are USCIS requirements on the marital status of EB-5 dependents?

What are USCIS requirements on the marital status of a child (under 21) as dependent of an EB-5 petition? Does the marital status also get frozen during the time of filing an application? If not, when is the earliest time for such a child to get married without influencing his chance of getting a green card under EB-5?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    An EB-5 petition filed before minor children are 21 years old will usually grandfather the child to obtain conditional and full permanent residency. The child should remain unmarried until they receive unconditional permanent residency. Subsequent to the obtaining of unconditional permanent residency, the child can marry a foreign national.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    U.S. immigration law defines "child" as a person who is unmarried and under 21 years of age. The Child Status Protection Act may afford protections to some dependents who otherwise would have "aged out", so that they may remain dependents in the case, but CSPA does NOT protect dependents who marry. Once they marry, they are out of the case.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, you must file for a child while under 21. Also, even if a child is under 21 such a child must not be married. It is preferred that a child is included in the petition and wait until the child has obtained at least his or her conditional green card.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    In order for a dependent child to be able to get the immigration benefit under your application, the child must be under 21 and unmarried. If a child who is 19 is already married, the child cannot immigrate with you and must file their own application for their spouse and child.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The child must be unmarried and under 21 to qualify as a dependent. He or she cannot marry until after the permanent resident status is granted or if immigrant visa they have first entered the U.S.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    A "child" under immigration law is less than 21 years old and is not married.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    A child is defined as an individual who is unmarried and under the age of 21. As soon as he or she is married, she is no longer eligible, unless he or she already has a conditional green card.

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    Charles Foster

    Immigration Attorney
    Answered on

    At the time the initial application for the immigrant visa if in the U.S. Application for Adjustment of Status is filed, the dependent child must be under the age of 21 and unmarried. The child could only marry after he or she has been approved for conditional permanent residency in the United States.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Unmarried children under age 21 are considered dependents under US immigration law. If the child marries he or she will no longer be your dependent for immigration purposes.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    The law defines that if a child is under 21 years of age marries, then they are no longer considered a child under the law. What you are referring to is the Child Status Protection Act or CSPA, which helps freeze the age of a child while the I-526 is pending. The CSPA does not freeze their status as a child in the event they marry.

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    Tomas Resendez

    Immigration Attorney
    Answered on

    USCIS requires the child to be under 21 and unmarried for them to be eligible for the EB-5 as a dependent child. Unlike age, marital status does not freeze when the EB-5 application submitted. I would recommend that the child gets married until after the issuance of the permanent residence card.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    For USCIS purposes, in order for a child of a principal Investor to process/be included as the derivative beneficiary, he/she must be under age 21, and unmarried. The earliest that the child may get married might be after the I-829 removal of conditional residence to be on the safe side.

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