What is the best option for an unmarried, adult India-born applicant to get permanent residency in the U.S. – EB-5, E-2 or family sponsorship? - EB5Investors.com

What is the best option for an unmarried, adult India-born applicant to get permanent residency in the U.S. – EB-5, E-2 or family sponsorship?

We are permanent residents in the U.S. Our son is over 21 and an unmarried India-born Canadian citizen. We are trying to figure out the best way to achieve U.S. residency for him, considering three options. The first one is an EB-5 visa, through which we would have to buy an existing business and grow it. Option two is an E-2 visa as a Canadian citizen. Option three is family sponsorship with I-130. He is currently unmarried, but if he decides to get married while the I-130 is pending, how does USCIS treat the petition? Our son is an entrepreneur and has a startup in Canada, 50/50 with a partner. He is planning to incorporate it in the U.S. soon. What would be the shortest option for him to proceed and get permanent residency in the U.S.?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Presently, there is a unique opportunity for Indian nationals to file concurrently under the new EB-5 program and that would be his best bet, if he can qualify and meet all requirements. The E-2 is a work visa and does not lead to a green card, and the F2B category is terribly backlogged so you can expect a ten+ year wait and if he gets married before his parents naturalize, the petition is automatically revoked.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

Based on the info provided, it seems EB-5 through HIS OWN company would work best given you said he is an entrepreneur and intends to establish a company in the US.

Carolina Kripinski

Carolina Kripinski

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

The E-2 would be the best option, even before applying for the family petition. When a person applies for a family petition, that person is already demonstrating that he/she has the intent to become a U.S. resident. Any efforts to apply for an E-2 visa or any other non-immigrant intent visa are thwarted if a family-based petition was already submitted. If your son gets married and you had already petitioned for him, the marriage application would be a new one and he would acquire the green card through marriage. In that case, the case where you petitioned for him should be withdrawn. In our opinion, the best option for your son would be applying for an E-2 first, then applying for the family-based green card. Or, considering applying for the EB-5 as it would be the faster way to obtain the green card.

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.