I am a Mexican entrepreneur, and I am planning on investing in the EB-5 visa. I plan to apply with my direct family – husband and child. However, I would like to bring my parents once I reside in the U.S. I would like to know how soon I can sponsor them for a green card once I get the EB-5 visa. Can I do it as soon as the I-526 form is approved, or while on a temporary status? Or must I wait until the permanent residency is given?
Answers
Andres Echevarria
EB-5 Immigration attorneysAs a Mexican entrepreneur investing in the EB-5 visa, you will initially receive a conditional green card valid for two years upon the approval of your Form I-526. During this period, you and your direct family (husband and child) will have conditional permanent resident status.
To sponsor your parents for a green card, you must be a U.S. citizen. Therefore, you cannot sponsor them immediately after the approval of your Form I-526 or while you are on conditional permanent resident status. You must first remove the conditions on your green card by filing Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status,
after the two-year period. Once your Form I-829 is approved, you will receive a ten-year unconditional green card.
After holding your unconditional green card for five years, you can apply for U.S. citizenship. Once you become a U.S. citizen, you can then sponsor your parents for a green card as immediate relatives, for whom visas are always immediately available.
In summary:
• You must wait until you become a U.S. citizen to sponsor your parents for a green card.
• This process involves:
Receiving your unconditional green card after the approval of Form I-829.
Holding your unconditional green card for five years.
Applying for and obtaining U.S. citizenship.
Only after becoming a U.S. citizen can you sponsor your parents as immediate relatives.
Bernard P Wolfsdorf
EB-5 Immigration attorneysYou cannot sponsor your parents until you become a US citizen. If you want you can gift them the funds to invest and that would make them independently eligible.
Lynne Feldman
EB-5 Immigration attorneysUnfortunately, you may not do a family sponsorship for them until you become a citizen but, perhaps, they would qualify for a nonimmigrant status while waiting such as an E-2.
Robert West
EB-5 Immigration attorneysYou can sponsor your parents once you become a us citizen. However, there are other options to get them to the US as a non-immigrant investor.
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