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Can certain adults be considered a dependent on EB-5 applications?

I have an adult son who is dependent upon me for medical reasons. He has seizures. For the EB-5 application, how can I make him listed as a dependent even though he is older than 21?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is simply impossible to classify him as a dependent since he is over 21 years old.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Unfortunately, no. Current immigration law only allows you to add unmarried child under age 21 at the time of filing your I-526 petition. Another option would be to have your child as the principal EB-5 investor and qualify in his own right.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If your son is older than 21 years old, then he cannot be a dependent for an EB-5 case.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Unfortunately, there is no such provision for dependent children older than 21 years of age for immigration purposes.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    The regulations only allow certain individuals to be included in one petition. That would be the spouse and unmarried children under 21 years old. In the situation of an adult child who is dependent on the parent, the appropriate way to include them would be to make an investment on his or her behalf as a separate petition.

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    Sarah Xiao Qian Mu

    Immigration Attorney
    Answered on

    You cannot. You can, however, petition for your adult son after you have obtained your green card through EB-5.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, the immigration law only considers the age of the child, not whether the aged-out adult actually is a dependent of the parents

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    Uche Nwaneri

    Immigration Attorney
    Answered on

    No. In order to be considered a child for immigration purposes, the child has to be under 21 years old. If the child is over 21 years, the child may have to self-petition by filing a separate EB-5 petition.

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    Hoang Tu

    Immigration Attorney
    Answered on

    You will not be able to since he is over 21. However, once you obtain your LPR status you can petition to sponsor your son right away. Thus, this is what will take place in your case. You also can bring him over to the U.S. with a special medical visa so he can be here while waiting for his petition to be approve.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You cannot, but he may be eligible forhumanitarian parole. Once you are a PR you can apply for him in the family queue and until then keep renewing the humanitarian parole, assuming it is granted.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Unfortunately, there is no provision for dependents. In fact, the contrary is true. The administration has adopted rigorous new criteria for dependents. Arguably, you can make two investments, such as one for the dependent, but that case will require setting up a trust or otherwise ensuring the dependent is not a public charge burden.

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    Barbara Suri

    Immigration Attorney
    Answered on

    You will need to file for your adult son separately, after you get your resident status.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Unfortunately, only minor children can be included as derivative family members.

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    Charles Foster

    Immigration Attorney
    Answered on

    An adult son over the age of 21 is not a dependent for immigration purposes irrespective of whether or not one qualifies under the EB-5 classification or otherwise. The son would have to qualify independently as an EB-5 investor or otherwise.

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