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How can the father of my children join us for an EB-5 application?

I am looking into applying for an EB-5 visa as the principal applicant. I am a single parent and currently have sole custody of my children. I am wondering if their father would be able to join the application on a family reunification basis or apply for any kind of visa that would enable him to live near his children. If not, would it make a difference if we share custody of our children instead?

Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    If you are the EB-5 investor, then you and your children who are under 21 years old can become U.S. permanent residents based on your EB-5 investment. The father can only join your EB-5 case if you and the father are legally married.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Outside of marriage, which would have to be genuine, there is no option other than if the father applies independently for immigration benefits. When and if the children become U.S. citizens and once over 21, they can petition for him.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The family relationship is based on the investor. So you and he need to be married. Later, once the children become citizens, they can file for their father.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    In order for the children's father to be included in your EB-5 processing (to obtain a green card), he would have to be married to you, as only a spouse and minor children may qualify as derivative beneficiaries of your processing.

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    Charles Foster

    Immigration Attorney
    Answered on

    Any EB-5 investor petitioner who, based upon same, qualifies to apply for an immigrant visa or adjustment of status can include their immediate family, that being their spouse and their unmarried children under the age of 21. You would not be able to include the father of your children unless you establish a bona fide marital relation by the time you are filing for adjustment of status or your immigrant visa abroad. Obviously, you could marry the father of your children or try to establish a common law marriage; otherwise, the father of your children would have to qualify for a valid visa status in order to enter the U.S. to visit his children.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    In order to include your children's biological father in your I-526 petition as a derivative beneficiary, he must be your spouse. Otherwise, he needs to qualify to immigrate to the U.S. in his own right by reviewing various potential options with an immigration attorney, such as stand-alone EB-5, E-2 (if eligible), a student visa and various work visa options. His children will not be able to sponsor him until they are U.S. citizens and reach age 21.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Are you married to him? If so, he will get a green card after you do. If not married and you marry him before you get your green card from the EB-5 case, he will get one too.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    If you and the father of your children were married before your EB-5 application approval, you would have no trouble in assuring him the same immigration benefits.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    A formal family relationship, such as marriage, is required. Perhaps the father can consider another type of visa.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    No, he cannot join you if you are no longer married.

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    Kyle Barella

    Immigration Attorney
    Answered on

    Unless you and their father are married, he cannot be included on your EB-5 immigrant visa application. Once the children reach the age of 21 and if they are U.S. citizens, they may be eligible to sponsor their father for permanent residency. Alternatively, if he wishes to move to the U.S., he will need to consider other immigration options. I would advise you arrange a consultation with an immigration lawyer to discuss in further detail.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Unless both of you are married, you cannot include the father of your children as an immediate family member.

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