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How can I add my child with mental illness to my EB-5 application?

I am a potential EB-5 investor. My 23-year-old child is unmarried and suffering from mental illness. How can I include him to my EB-5 application? I understand that the age limit for a dependent child is 21 years old, but I am wondering if there will be any exception for a special case like ours.

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The child is over 21 and not eligible to immigrate through this petition.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Unfortunately, you cannot include a 23-year-old child in your I-526 petition as your derivative, even if you are the child's legal guardian.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    I doubt it. Potentially a humanitarian parole.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Your 23-year-old child cannot be included as a dependent for your EB-5 case.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The issue of mental illness in immigration is a complex issue. There is no clear-cut answer to it unless the person who suffers from the mental illness has been properly diagnosed and all the options are explored. Although having a physical or mental disorder that threatens the property, welfare or safety of others are grounds for a denial of an immigrant visa. However, before making a final decision, consult an immigration attorney and any medical experts familiar with the issue. There are a number of options, such as seeking and obtaining a waiver from inadmissibility or seeking medical opinions to show the individual with mental illness does not pose a threat to both people and property.

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    Robert West

    Immigration Attorney
    Answered on

    Unfortunately, no exceptions.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, there is no exception to the 21 years or younger age for a child to be a derivative under you.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Unfortunately, it is unlikely.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Not under the EB-5 program, but you can apply for humanitarian relief after your petition is approved.

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    Charles Foster

    Immigration Attorney
    Answered on

    With respect to your 23-year-old unmarried son or daughter who suffers from mental illness, such a child could not be included directly as your dependent given the fact that the child no longer meets the definition of a child by virtue of having turned 21. Thus, if you want to qualify your 23-year-old son or daughter, you have a number of limited options. The best or only way may be a separate independent EB-5 investor petition. Otherwise, you will have to qualify for permanent residency, which would take years, and then wait for a number of years before you could, as a permanent resident, qualify your child or become a U.S. citizen in order to do so. The fact that your child may suffer from mental illness may possibly be a negative factor when the child applies for his or her immigrant visa through adjustment of status, if already in the United States. But it does not necessarily preclude your son or daughter from qualifying on that basis.

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