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How can an adopted child by an EB-5 dependent spouse be qualified as child of the main applicant?

I read from this platform the other day that as long as the adoption relationship has established for more than two years, an adopted child would be treated as a dependent "child" for EB-5 purpose. But one of my children was technically adopted by my wife. I have not adopted him officially. Now we are thinking about applying for EB-5, with me being the main applicant. Will we be able to include him as a dependent even though he is not adopted by me?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    This child should qualify as your stepchild if the marriage creating the stepfather-stepchild relationship occurred prior to the child's 18th birthday and the child is legally adopted by your spouse before age 16.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The child must be legally adopted prior to its 16 birthday to qualify.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your wife's children that qualify as her derivative beneficiaries can be included in the processing.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    There is no such two-year rule with respect to whether the child qualifies as a dependent (“child” or “step-child”) under the immigration laws. The two-year rule applies to U.S. citizens who adopt a child and then seek to petition for the child's permanent residence as an immediate relative. To be considered a “child” dependent, the adoption should have taken place prior to the child turning 16 and to be considered a “step-child”, the marriage creating that relationship must have occurred prior to the child turning 18.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    More information is needed with respect to the adoption, such as, when the adoption took place, were you and your wife married at the time of the adoption, etc. If the adoption took place prior to marriage, then the child may very well qualify as a step-child to you, which will permit his/her immigration to the United States. Please do contact experienced immigration counsel before moving forward.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Going by the premise that your wife''s children are your step-children, it is my opinion that the child may qualify as your step-child. Step-children are derivatives. You should consult with an experienced immigration to confirm the qualifying dates.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, the child qualifies as your child as well. Therefore, you can include the child in the EB-5 petition as your dependent.

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    Charles Foster

    Immigration Attorney
    Answered on

    You would have to establish that the child was adopted by your wife before the child turned 16 and on your part that you were married to your wife prior to your stepchild turning 18. If so, you could include your wife, your children and your qualified stepchild.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    It may be better if your wife is the main applicant. But, that child should be considered as your stepchild as you are married to his legal mother.

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