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Questions and Answers > EB-5 Requirements

How can all of my children immigrate through EB-5?

I am remarried and have a step-son and step-daughter in elementary school. I also share custody of my daughter from my previous marriage. I want to immigrate to the United States and have all of my children come with me. Will my step-children and my daughter from my last marriage be eligible to come with me through the EB-5 program?

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Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    At the time or date of your second marriage the children should have been under 18 years of age.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    All natural born children and step-children (if the step-relationship was created prior to the child turning 18) are eligible to be included as dependents as long as they are under 21. You may need written permission from the other parent to allow the child to immigrate to the United States.

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    Barbara Suri

    Immigration Attorney
    Answered on

    Your step-children will be able to accompany you if the marriage that created the relationship took place before their 18th birthdays. Your daughter from your last marriage will also be eligible to accompany you if she is under 21 years old. Otherwise, you will have to file for her to later join you.

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    John J Downey

    Immigration Attorney
    Answered on

    If your daughter from the previous marriage is unmarried and under 21 she may be included. If your step-children have been legally adopted by you and are also unmarried and under 21, I believe they are also eligible.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as the step-child relationship was created before their 18th birthday and they are still under 21, then yes, they can all be included.The consulate may require your ex-spouse's consent to immigrate the daughter for whom you have shared custody.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If the step-children are under 21, and you were married to their spouse before they turned 18, they can immigrate as derivatives. The other biological parent may need to approve of the children departing the jurisdiction.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    When an investor goes through the EB-5 process, you are allowed to immigrate with your wife and your children under 21 years of age. In your situation, your current wife and your step-children will be able to join you. Your daughter from your previous marriage may also be able to join you as a derivative beneficiary, if you have the sole custody and your previous wife has formally relinquished her rights to your daughter.

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    Louis M Piscopo

    Immigration Attorney
    Answered on

    Your daughter would be included in the petition if she is under 21 and unmarried when the petition is filed. If your step-children were under 18 years old when you married their mother (and also unmarried and under 21 when the petition is filed), they would be included in your case. If any of them turn 21 while the petition is pending they could lose their eligibility depending on many factors.

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    Tammy Fox-Isicoff

    Immigration Attorney
    Answered on

    They will immigrate with you as long as they were younger than 18 when the marriage took place and are under 21 now.