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How can EB-5 dependents enter the U.S. alone after the principal applicants?

Recently me, my wife, my daughter and my two sons received our EB-5 visas. I am the principal petitioner of our case. I plan to enter the U.S. with my daughter next month, but my wife and my sons cannot travel until next February. Can they enter the country without me, on their own? Or do I have to be there when they enter?

Answers

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    There should be no problem for your wife and sons to enter the U.S. after you, the principal applicant, and your daughter have made entry. The main criteria here is to make sure that the principal applicant enters together or before the dependents.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is preferable that the entire family enter the U.S. together. If the wife and sons need to go back and attend to anything in your country, they can travel back on their conditional green cards (EB-5 visas) and may even stay until February. Alternatively, since you just received your green cards, consider delaying your entry until February since you are required to enter the U.S. within 180 days (six months) upon approval of your visas. To ensure you are monitoring your entry time correctly, consult with an immigration attorney on all issues related to your entry.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Other derivative family members may enter during the visa validity period/follow to join.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    As long as you, as the principal applicant, enter the U.S. prior to your wife and sons, they can enter the U.S. later/separately.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    They can enter on their own but must enter before the expiration date on each immigrant visa.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    It depends on what the visa says. Your lawyer should be able to guide you. If the visa has an accompanied by principal investor notation, then you will have to go out and bring them in.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you are the principal you must enter first, provided their visas are still valid. They can enter separately. However, they are advised to carry proof, meaning a photocopy of your passport information page, as well as the endorsed visa page and a copy of the plastic card, which they should have.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Ideally, you would be with them, but since you will make your entry by then, they may be OK to enter by themselves. Keep an eye on the validity period of the immigrant visa, as it is not indefinite!

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