I am a 30-year-old unmarried male from Iran whose father is applying for an EB-5 visa. Since I’m older than 21, can I apply for this visa while he is, or should I get a visa to work for his business in the US?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysYour father can apply for you after he gets his green card, but that is a very long waiting line. The best option would be to find another path for yourself.
Lynne Feldman
EB-5 Immigration attorneysIf you separately invest and qualify then you can also have an EB-5 case pending with him.
Johanna Keamy
EB-5 Immigration attorneysAccording to the Immigration and Nationality Act, a "child" is defined as an unmarried person under 21 years of age. As a 30-year-old unmarried male from Iran with a father applying for an EB-5 visa, you are not a “child” under U.S. Immigration and Nationality Law. Therefore, you will not be able to adjust your status under your father’s petition for permanent residency.
You would need to explore other Immigrant and Nonimmigrant visa options. If your father was applying for the EB-5 program with the idea to benefit you, he may consider letting you apply for the Green Card in your own name. There may be other nonimmigrant Visa options available to you depending on your educational background and experience. Visa category options include cultural exchange visas, religious workers, those with extraordinary achievements in the sciences, arts, education, business, or athletics, specialty workers, intracompany transferees, etc.
Belma Demirovic Chinchoy
EB-5 Immigration attorneysYou have to get your own process; you cannot be a part of your father’s petition.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.