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Questions and Answers > EB-5 Investments

How can same-sex married couples apply for EB-5 on the same application?

We are a legally married same-sex couple from Spain who have two adopted children. How can we apply for EB-5 as a family? Does the United States accept these kind of scenarios when it comes to immigration? Do we have the same rights as everyone else?

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Answers

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    Yes, same sex marriages are recognized in the USA and you can apply for an EB-5 for you and your spouse and children under 21.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Yes, you have the same rights as any other married couple.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Yes, if the marriage/adoption are legal where they occurred, the United States will accept same sex couples and adopted children as dependents.

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    Linda Liang

    Immigration Attorney
    Answered on

    If you are talking about an EB-5 petition, your legal spouse can be listed in the form. Whether it is a same sex marriage has no bearing on the validity of the petition.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    Yes, you would enjoy the same rights as long as you have a legal marriage. Adopted children need to satisfy certain requirements to be included in the green card process. If you have the proper paperwork, it is likely that they would qualify.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Same-sex marriage has been recognized in the U.S. since 2013. You can apply for EB-5 as a married couple. The adoptions are always scrutinized for immigration purposes (because a lot of people "adopt" their nephews and other family members for U.S. immigration purposes). So just be prepared to show a lot of documentation for the adoptions as well.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Yes, you can!

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    Phuong Le

    Immigration Attorney
    Answered on

    Love is love. Same sex couples have the same rights as everybody else. I-526 petition is fine.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, the U.S. accepts same sex marriages if legally undertaken in a country where same sex marriages are permitted.