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?
Answers
Ed Beshara
Immigration attorneysYour adult son will have to apply separately for the EB-5 visa.
John J Downey
Immigration attorneysThe statute only allows unmarried children under 21 to be included as permanent residents.
Salvatore Picataggio
Immigration attorneysThey 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.
Lynne Feldman
Immigration attorneysThey 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.
Jinhee Wilde
Immigration attorneysUnfortunately, 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.
James Wolf
Immigration attorneysI 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.
Julia Roussinova
Immigration attorneysYour 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.
Michelle Zeng
Immigration attorneysThe 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.
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