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Questions and Answers > EB-5 Requirements

How can I can I bring my physically impaired adult son with me to the United States?

I am considering making an EB-5 investment and my son is 26 years-old, physically challenged (deaf), and married. Both he and his wife are dependent on me, so how will they be allowed a green card into the United States along with me under my EB-5 investment? How can I make sure they are not treated as separate entities?

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Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your adult son will have to apply separately for the EB-5 visa.

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    John J Downey

    Immigration Attorney
    Answered on

    The statute only allows unmarried children under 21 to be included as permanent residents.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    They will not get green cards with you, but may be allowed a humanitarian visa to accompany. Once you are here with a green card you can petition for your son, but that may take many years. Alternatively, you could put a separate investment in his or his wife''s name.

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    James Wolf

    Immigration Attorney
    Answered on

    I would recommend you consider giving the investment funds to your son and have him and his wife get the green cards under EB-5. After five years, he can become a U.S. citizen and then petition for your green card. It will take about a year for you to get the green card, once your son is a U.S. citizen.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Unfortunately, they must file their own case, hopefully with funds you could give them. No children over 21 and married could be a derivative beneficiary of your application. INA 201(f), 8 U.S.C. 1151(f). Over 21 or married, such as your son and his wife, are not immediate relatives who could accompany you.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    They likely would be treated separately, as being married and 21 years of age or older generally removes you from being a dependent for immigration purposes. The nature of your son’s condition may come with some other exemptions, but that would require a consultation and additional details to be provided. Situations like this are why an immigration attorney is essential to assist you with your immigration goals.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your 26-year old son may not be included as a derivative beneficiary of your I-526 petition. Only unmarried children under age 21 and spouses at the time of filing of the I-526 petition are eligible. You should contact an experienced immigration attorney to discuss other immigration options for your son and his family.

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    Michelle Zeng

    Immigration Attorney
    Answered on

    The dependents of EB-5 investor shall be spouse and children under 21. Because your son is over 21, he cannot become a dependent of your EB-5 investment. You may need to consider other ways (e.g. family-based green card) for his green card.