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Questions and Answers > EB-5 Requirements

How can we include our adopted child on our EB-5 application?

We would like to get our green cards using EB-5. We have an adopted daughter who has not turned 21 yet. Is it possible to include her as a derivative on our EB-5 application, considering that she is adopted? What will we need to do to ensure she can immigrate with us through the EB-5 program?

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Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    The adoptive child who has resided with you for a minimum of two years has the right to obtain a conditional permanent residency visa.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    As long as she is legally your child, she could be included as a derivative beneficiary. You would need to include adoption paperwork with the individual visa applications.

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    John J Downey

    Immigration Attorney
    Answered on

    You must show proof of a legal adoption, court papers, etc. She is eligible to be included.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    This is complicated and depends on when she was adopted (before 16th birthday), whether in a Hague country or not, whether an orphan or not, whether two years of custody and control have been satisfied after the adoption date, etc.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Normally, the adopted child is considered, for immigration purposes, to be the child of the adopting parent if the parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances as described below). You submit evidence of a full and final adoption AND that the parent had legal and physical custody of the child for at least two years while the child was a minor preceding the adoption. There are exceptions to the rule above depending on the circumstances. Thus, please consult an experienced immigration lawyer.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. Assuming your daughter meets the definition of an "adopted child" under the Immigration & Nationality Act, she should be able to immigrate with you.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    She must have been under 16 to be legally adopted - if so, she can be included provided she is under 21 as calculated by the CSPA.