How can EB-5 investors apply for U.S. residency for their parents? - EB5Investors.com

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

Dale Schwartz

Dale Schwartz

Immigration Attorneys
Answered on

Not until they become U.S. citizens.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
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.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

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

BoBi Ahn

BoBi Ahn

Immigration Attorneys
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).

Charles Foster

Charles Foster

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
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.

Blake Harrison

Blake Harrison

Immigration Attorneys
Answered on

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

Marisa Casablanca

Marisa Casablanca

Immigration Attorneys
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.

Mitch Wexler

Mitch Wexler

Immigration Attorneys
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.

Robert West

Robert West

Immigration Attorneys
Answered on

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

Jinhee Wilde

Jinhee Wilde

Immigration Attorneys
Answered on

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

Stephen Berman

Stephen Berman

Immigration Attorneys
Answered on

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

Mark AM Catam, Esq

Mark AM Catam, Esq

Immigration Attorneys
Answered on

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

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.