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Which family members can qualify for an EB-5 immigrant investor visa?

Will my family members be able to qualify for an EB-5 visa if I am part of it? I know I can bring my wife, but what about my children and sister and other family members?

Answers

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    Ekaterina Powell

    Immigration Attorney
    Answered on

    Your spouse and unmarried children under the age of 21 will be able to come with you if your EB-5 is approved. As to other family members, they are not covered under the program. In the future, if you would like to petition for your parents, you will need to wait until you become a U.S. citizen first. Then, your parents will be able to join you. Unfortunately, it may take very long until you will be able to bring your brothers and sisters into the U.S.?Even once you become a U.S. citizen, it may take more than 10 years for them to immigrate into the U.S. It may make more sense for them to qualify for a U.S. visa independently.

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    Mark Urbanski

    Immigration Attorney
    Answered on

    Other than your spouse, the only other family members who can qualify for U.S. legal permanent residence based on your EB-5 investment are any children you have that are under age 21.

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    Jennifer Parser

    Immigration Attorney
    Answered on

    You your spouse and children under 21 qualify under your EB-5 investor visa. Sisters and other family members do not qualify under the program but they can be sponsored alter when you have your permanent green card.

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    Kristina Rost

    Immigration Attorney
    Answered on

    Your immediate family members (spouse and children) can qualify for the same EB5 status as you (principal applicant).

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If you are a principal investor under EB-5 program, your spouse and unmarried children under age 21 at the time of filing I-526 petition are eligible to acquire permanent residence (green card) in the US at the same time as you are. Your sister or parents, or other family members will not be eligible to qualify for permanent residence at the same time and may not be included in your I-526 petition. However, your other family members may either independently qualify as EB-5 investor(s) if they meet the requirements of EB-5 program or you may petition for your sister or parent(s) when you become US citizen. You should consult an immigration attorney to discuss various visa options available for family members of permanent residents or US citizens.

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    Laura A Edgerton

    Immigration Attorney
    Answered on

    Your immediate family (spouse and minor children) may immigrate as your dependents, but not more extended family members.

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    Taher Kameli

    Immigration Attorney
    Answered on

    The EB5 will cover you, your spouse and unmarried children under 21 at the time of filing (there may be some issues with Chinese citizens in 2013). Please consult an attorney.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    Immigration Petitions usually include the spouse and unmarried children under 21 years of age as derivative beneficiaries. This means that the complete family receives their residency together. Parents and siblings are not included, but there are many other visas that can be used to immigrate them to the United States.

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    Laura Danielson

    Immigration Attorney
    Answered on

    A spouse and qualifying child under age 21 can acquire permanent residence along with the principal applicant (the investor). Sisters and other family members are not considered dependents.

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    Michael G Homeier

    Securities Attorney
    Answered on

    As securities lawyers, we are not generally involved with all of the technical aspects of pursuing the issuance of the temporary visa, however we do need to understand many of the details of that process in order to be able to accurately describe that process in the securities offering and transactional legal documents that we draft on behalf of U.S. business clients seeking to raise EB-5 financing. Our understanding is that the granting of the investor''s individual 526 petition allows for the issuance of visas to the investor, his or her spouse, and minor children only (with ''minor'' defined as under the age of 21 at the time of filing of the 526 petition with USCIS). If a child is no longer a minor, or ''ages out,'' he or she would need to secure his or her own visa on account of making an EB-5-qualifying investment separate from the parent''s investment. Please be advised that a very current ''hot button issue'' has arisen recently involving the situation that the EB-5 Program will likely for the first time use all 10,000 visas allocated to the EB-5 Program, if not in 2012 then certainly in 2013; combined with the fact that individual countries have ceilings or ''country caps'' that limit the number of visas allowable to EB-5 investors from that country, it is possible that insufficient visas will be available until the following year. Therefore, the intersection of minority status with country caps is suddenly a very important but complicated one, and expert counsel from EB-5-experienced U.S. immigration lawyers addressing the individual facts of each investor (and his or her family) should be sought in all cases.

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    Rana Jazayerli

    Immigration Attorney
    Answered on

    An EB-5 investor may bring his/her immediate family, which is defined as the spouse and any unmarried children who are under the age of 21 years at the time the immigrant visa is granted. No other family members qualify.

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    Edward Litwin

    Immigration Attorney
    Answered on

    All of your dependent family members would qualify. These are defined as spouse, and minor children. Your sister and other family will normally not be included. I trust this helps. If you have further questions, you should call my office or email to schedule a consultations.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Your spouse and minor children would qualify as dependents.

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    Marjan Kasra

    Immigration Attorney
    Answered on

    with an EB-5 investment, you will be able to obtain immigrant visa (leading to permanent green card) for you, your spouse and children under 21 years of age. Your brother, sister, etc. will have to make their own separate investment. you should consult with a qualified attorney prior to making any plans. Visit our website to schedule an appointment by emailing us at the "contact" page.

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    Daniel McCarthy

    Immigration Attorney
    Answered on

    Your spouse and children under 21 years old can apply with you. Not other relatives on your application.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The spouse and children under 21 years old can qualify based on the EB-5 investment of the principal investor.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As in any immigrant visa where you get your green card, you could only obtain green card for your immediate family. That includes your spouse and children under age 21 only. Therefore, your sister and her family will have to apply for her own immigrant visa program for her and her family.

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    Igor Serbinin

    Immigration Attorney
    Answered on

    Only immediate relatives of an investor can be eligible for EB5 permanent residency track. INA 216A identifies as such only spouses and children of an investor. If other family members can independently qualify as investor (contributing qualifying amounts of capital and other conditions of the program) then they can be also included in classification.

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    Farah Abbas

    Immigration Attorney
    Answered on

    When you apply for an EB-5 visa, your spouse and any unmarried children under the age of 21 may immigrate with you. It is important to note that the priority date for the EB-5 visa is the date of filing the Form I-526 Immigrant Petition by Alien Entrepreneur. That means that your children must be less than 21 years of age by the time you file your immigrant petition with the U.S. Citizenship & Immigration Service. (This is different from some other immigrant visas which require children to be less than 21 at the time of the Consulate interview.)

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    Louis M Piscopo

    Immigration Attorney
    Answered on

    In addition to the investor, the investor''s ''derivative beneficiaries'' are eligible for a Green Card. Derivative beneficiaries include the investor?s spouse and unmarried children under the age of 21. Other family members, such as a sister or parent are not derivative beneficiaries.

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    Clem Turner

    Securities Attorney
    Answered on

    The EB5 Visa will cover your wife and children under 21.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Your spouse and minor children (under 21) should be able to immigrate with you.

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    Charles Raether

    Immigration Attorney
    Answered on

    In addition to your spouse, your unmarried children under 21 can also qualify under your EB-5 petition. No other relatives would be eligible.

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    Lei Jiang

    Immigration Attorney
    Answered on

    Your immediate family members qualify for your EB-5 visa, which include your wife and children, but not your parents, brothers and sisters.

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    Larry J Behar, Esq

    Immigration Attorney
    Answered on

    The EB5 law allows all minor children who are under the age of 21 at time of filing of the application to accompany the parents.

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    Bita Hamidi

    Immigration Attorney
    Answered on

    For the EB-5 Visa Category the Investor, spouse and unmarried children under 21 qualify as part of one application. Your children must be under 21 when the I-526 application is received by USCIS.

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    Darren Silver

    Immigration Attorney
    Answered on

    Investor, spouse and children under 21.

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    Elizabeth Peng

    Immigration Attorney
    Answered on

    You can only bring your spouse and minor chidlren less than 21 years old at the time of filing of your I-526 petition.

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    Anthony Ravani

    Immigration Attorney
    Answered on

    Yes, your wife and all of your children under the age of 21 are included.

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    Neville M Leslie

    Immigration Attorney
    Answered on

    Spouse and children under 21 also qualify for the EB-5 program.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Immediate family members can qualify. For instance, husband, wife, and minor children, ( all those children under 21 before the filing of the I526 petition by the principle parent). All brothers, sisters and parents not included.

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    Charles H Kuck

    Immigration Attorney
    Answered on

    You only can bring your spouse and children under 21 with you, all others need to be part of a separate investment process.

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    Stephen Berman

    Immigration Attorney
    Answered on

    Spouse and minor children can qualify.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    The investors'' spouse and any children under 21 are eligible to be included under a single application.

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    Kate Kalmykov

    Immigration Attorney
    Answered on

    The EB-5 immigrant visa petition is filed by the principal applicant. Once it is approved only the investor, their spouse and children under 21 may derive the green card based on the approved EB-5 petition.

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    David Hirson

    Immigration Attorney
    Answered on

    Under a single investment, the investor and his or her immediate family may accompany him or her. That is a spouse and children under the age of 21 and not married. All others have to have their own investment and file separate cases.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    In addition to the principal investor, the investor''s spouse and children younger than 21 at the file of filing of the investor''s I-526 petition are conditional EB-5 visa beneficiaries.

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