+1-800-997-1228
Questions and Answers > EB-5 Investments

How can I sponsor my husband if I am a dependent on the EB-5 application of my mother?

I was an international student and got the EAD card through my mother''s EB5 application. I am currently living in the U.S and so is my husband. If I want to sponsor him, when will be a good time to do so? I have already adjusted my status from F1 and got my fingerprints taken in March 2022.

Answers

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    If you got married before your green card was approved through your mother then you are no longer eligible as a derivative on the application of your mom. If you are already a Permanent Resident and obtained this before marriage, then you can sponsor your spouse.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Under U.S. immigration law, you are a "child" if you are unmarried, under 21 years of age, and meet the definition of "child" as found in the Immigration and Nationality Act. If you have been approved as a conditional permanent resident then you can file an I-130 immigrant petition and if he is eligible, you might also be able to apply to adjust this status. If you have not yet been approved as a conditional resident, then marriage may have impacted your ability to qualify for a visa as a dependent.

  • Avatar

    Irina Rostova

    Immigration Attorney
    Answered on

    In order to remain a minor for the purposes of obtaining your residency through the EB-5 petition of your parents, you need to continue to be unmarried. Once you receive your conditional green card, you can get married and petition for your future husband through an I-130 family petition.