How do EB-5 dependents answer questions about immigration petition filing on the DS-160 form?

He should be honest and answer, yes. However, he should provide the explanation that he is a dependent of his family&#39s EB-5 immigrant petition. Under no circumstances should he provide any statement that can be considered as fraudulent or misrepresentation.

The question on the form refers to an immigrant visa (green card petition). A student visa is a non-immigrant application. Therefore, you should answer "no."

The safest is always to answer yes. There is an argument that there is no petition on file on their behalf, but that is a technical answer and it is best to be honest and upfront. There is no right or wrong answer here, just a better and worse answer.

The I-526 is your petition, not your son&#39s. If your I-526 is approved, your son qualifies as a derivate for permanent resident status.

I-526 is the immigrant petition for the principal EB-5 investor, not the derivative beneficiaries. Unless the dependents filed I-485 or DS-260, there is no immigrant intent because they did not file an immigrant petition or application to immigrate to the U.S. yet, nor did a relative or an employer file for them, such as I-130 or I-140. The answer should be "no."

EB-5 dependents are not included until the consular processing stage of the EB-5 process (i.e., after the I-526 petition is approved). Only once consular processing commences and the NVC has been notified regarding the dependents would they be considered to be included. As such, until that time, no immigrant petition has been filed on their behalf. For example, if you submitted an I-526 petition and intend to include your family, technically you have not filed an immigration petition on their behalf during the time USCIS takes to adjudicate the petition.

Most conservative thing is to say yes and explain immigrant visa is for Dad, he is a dependent but will be returning overseas for consular processing or at end of F-1, whichever is sooner. Alternatively, you can arguably say no, as they are not direct beneficiaries of the I-526, just derivative beneficiaries.

I-526 filing is for you, as an investor and petitioner, not your son as the derivative. This question is for those who have I-130 or I-140 filed for them by another petitioner. He could honestly answer that no one has filed an immigrant petition on his behalf.

Just a I-526? Some may argue that until you file for adjustment of status or a DS-260, you may be able to continue with a non-immigrant status like an F-1. However, I would want to know more about the history of the case and the primary and derivative applicants.