Only your wife may be included in your I-526 petition. Your children are aged out and no longer considered immediate relatives for immigration law purposes. Your children can either invest in an EB-5 program in their own right or you should discuss other possible immigration options for your children with an immigration attorney.
There are limitations on the EB-5 visa, just as in other employment-based immigration as well as family-based immigration visas. Your children will need to be at least under 21 years of age and unmarried when you file your I-526 petition. If the children turn over 21 after you file or before the I-526 is approved, then they should be protected under the Child Status Protection Act (CSPA). Since you have children who are over 21 years old, they would not qualify as a derivative of your potential EB-5 visa. Once you are admitted to the U.S. as a lawful permanent resident, you could file a petition for each of your children under the Family Second Preference F2B category. They would wait about 7 years or more for the ability to immigrate to the U.S. You could also petition for them if you became a U.S. citizen (after 5 years of being a resident), but the waiting time would still be about 5 to 6 years.
Unfortunately, only children under 21 years of age may directly benefit as a derivative beneficiary of your EB-5 Immigrant Visa processing. However, after you and your wife become permanent residents ("green card holders"), you may petition for them as unmarried sons/daughters who are 21 years of age or older as a family based 2nd-preference category.
Unfortunately, children over 21 cannot accompany parents to the U.S. in the same classification. What some investors do (especially, those who are not yet ready to move to the U.S.) is transfer money to their adult children and make them the investors. Once the kids receive their citizenship (5 years after the receipt of the initial green card), they can easily petition for their parents to come and live in the U.S. Hope this helps.
No, only your spouse and unmarried children under 21 may be included. Although, the Child Status Protection Act may protect children who age out during the process provided the case was started before their 21st birthday.
Only dependent children under 21 years of age can migrate with you.
Philip H Teplen
Unfortunately, the cutoff for accompanying children is presently 21 years of age. Perhaps we can do an alternative interim visa for the children.
All immigrant visa application has the limitation on the children under 21 to be able to immigrate with the parents as derivative beneficiaries. Thus, your 23 and 26 year old children cannot immigrate under EB-5 or any other immigration category with you and must pursue their own.
There are EB-5 limitations on family immigration. For the principal investor to include spouse and minor children the investors I-526 investors petition has to be filed before the child turns 21 years of age. However, the principal investor parent may gift the EB-5 investment requirement (e.g. $500,000.00), to the child and therefore the child becomes the principal investor and this child will have to prepare and file their own I -526 petition as a step towards conditional permanent residency.
Only spouse and children (unmarried sons & daughters under 21) are eligible as dependents. This means that your adult children cannot receive their green cards as derivatives of your EB-5 immigration petition. They may qualify as adult children of green card holders via family-based immigration after you have obtained your green card but that will require a separate petition.
Your children that are over 21 cannot come with you on the same EB-5 petitions because they are considered adults. You would have to find another visa for them to come to the U.S. by discussing your options with an immigration attorney.
As with all immigration categories, immediate family members only include a spouse and children under the age of 21. Your adult children could obtain their residency through the EB-5 investor visa category if they separately make the requisite investment in a new business and each create a minimum of 10 new full-time jobs.
The EB-5 category does not specifically place the limitation on ages for minor children, but your children aged 26 and 23 are not considered minor children that are eligible to immigrate under their parent''s EB-5.