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How can EB-5 investors apply for U.S. residency for their parents?

I became a conditional permanent resident of the U.S. last year under EB-5. I would like to help my parents get U.S. residency through family-based visa categories. Can I apply now or do I need to wait until I become a permanent resident or citizen?

Answers

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Not until they become U.S. citizens.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Your parents may immigrate as your immediate relatives only when you become a U.S. citizen. Otherwise, they need to find their own basis to immigrate to the U.S. For example, one parent may file his or her own EB-5 and include a spouse as a derivative.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    You can apply for your parents during your permanent residency or wait until you naturalize. Advisably, consult an immigration attorney if you need to discuss timing and other issues.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can only apply for your parents after you become a U.S. citizen.

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    Stephen Berman

    Immigration Attorney
    Answered on

    There is no visa category for parents of permanent residents. First, one must naturalize.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    You have to be a U.S. citizen to petition your parents.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    In order to file I-130 for your parents, you must be a U.S. citizen.

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    Robert West

    Immigration Attorney
    Answered on

    You must be a U.S. citizen to apply for a parent.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    You need to wait until you are a U.S. citizen to apply for a green card for your parents. They will then be considered "immediate relatives," which has no quota. The process, though, can take the better part of a year. You can apply for U.S. citizenship four years and nine months from being accorded conditional green card status, assuming you meet the physical presence requirements.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Citizenship is required.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    Only U.S. citizens are allowed to petition for their parents. You would have to wait for five years after receiving your conditional permanent residency to apply for your citizenship.

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    Blake Harrison

    Immigration Attorney
    Answered on

    You will need to wait until you become a U.S. citizen before applying for your parents.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You need to wait until you become a citizen unless you can secure a job offer for one of them and have them go the employment route.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    To petition for parents to reside in the U.S. as lawful permanent residents, you must a U.S. citizen (and over 21 years of age).

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    You will need to become a citizen first. Fortunately, your conditional residency counts toward the five years required before you are eligible for citizenship.

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    Charles Foster

    Immigration Attorney
    Answered on

    An EB-5 investor who acquires her lawful permanent residency can sponsor her parents only after they have applied to become naturalized citizens five years after the date they acquire their conditional lawful permanent residency. Once you are a U.S. citizen you can sponsor your parents as immediate relatives and they may apply quota-free.

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