Do I have to stay in the U.S. if I participate in EB-5 for my son?
My son is going to attend a high school in the U.S. this year. He is 14 years old now. I want to participate in the EB-5 program for his education and career in the future, but my wife and I have no intention of staying permanently in the U.S. With EB-5, how can my son get a green card without me having to enter or live in the country?
You should consult with an experienced EB-5 immigration attorney. Under certain circumstances, minors can be the principal EB-5 investor. The parents can gift the EB-5 investment capital and can also sign certain agreements, along with their minor child, to make sure the EB-5 case will be accepted by USCIS.
You could make a gift of the required funds to your son. The amount of the gift would be the amount needed for the EB-5 investment. Your gift must comply with the laws of your country and the United States. Your son would be the EB-5 investor.
If you don't have immediate plans for residing in the U.S., you can opt to file for a re-entry permit in two-year increments or plan to enter and stay in the U.S. every six months or so. If that is not feasible, then have your son be the EB-5 investor with the funds gifted to him from you.
Being a permanent resident requires one to reside in the U.S. on a permanent basis or lose that status. Perhaps you can explore your son investing directly in the program. Truly, USCIS EB-5 laws and regulations do not stipulate any age requirement. However, age is an issue as it relates to signing contracts. It may be possible for a legal guardian co-sign the paperwork for someone under the age of 18.
It is possible to have your son file an I-526 petition as a minor with proper planning. Please hire an experienced EB-5 immigration attorney who can assist you to competently prepare the case. Otherwise, you or your spouse need to file I-526 petition as a principal EB-5 investor. It currently takes about two years for an I-526 petition to get decided. You can then plan to be outside the U.S. with a re-entry permit document for significant periods of time. You will need to discuss your questions during a comprehensive consultation with an immigration attorney, as this question is too broad and complex for an online forum.
Although some parents file EB-5 petitions purposely to get their children into the U.S. for their educational and career purposes but, it must be meticulously planned. In the instant situation, a better approach is to make your son the primary applicant and add both you and your wife as accompanying members of the family. Advisably, consult an EB-5 attorney to properly plan your idea and consider various options.
There are many options here. Your son could apply for the EB-5 as a minor. You or your wife will then have no obligation to enter or live in the U.S. Alternatively, your wife could be the petitioner and your son could be the derivative applicant. Again, in this scenario, you do not need to appear in any of the applications. Once your son gets his green card, if your wife decides to surrender hers, your son can still keep his green card.
You can consider him applying as the investor as a minor. You should consult with experienced counsel to discuss this. In the alternative, you and/or your wife can apply as the principal investor which will include your son. Although there is a physical presence requirement for green card holders. There are some strategic things you can do which would allow you to be out of the U.S. for significant periods of time and not be considered to have abandoned your green card status. Once your I-829 is approved, you may want to consider surrendering your green card.
Your son, at the age of 14, could technically file an EB-5 petition on Form I-526 in his own name. There could be an issue in the adjudication of the I-526 petition, or at the time he applies for adjustment of status, as to whether as a minor, he had the requisite ability to make the necessary investment decision with the right to control the investment. However, there have been cases of investors at the age of 14, where the EB-5 petition on Form I-526 has been approved. You or your wife would also always have the right to immigrate and through you, your son could qualify as your dependent. If at some point, thereafter, you decide that you do not wish to immigrate to the U.S., you or your wife would have the right to abandon your lawful permanent residency in the U.S., and your son could remain a lawful permanent resident of the U.S.
There is no way. If you do not reside permanently in the U.S., your green card will be revoked, and the derivative beneficiaries like your son will be revoked along with it. He can do an F visa for a student, and you can wait until he is old enough (18) to enter into a contract himself and he can become an EB-5 investor (even using the funds that you give to him as a gift).