We are a young family; my wife and I and five-year-old twins will apply for EB-5. How can I sponsor my mother as a dependent on my application? She is 78 years old. My wife and I are Indonesian passport holders, but my children are New Zealand-born, and so are citizens of New Zealand. On the other hand, my mother is Australian. How will this all factor in?
You cannot include your parents in your EB-5 petition. Only the spouse and unmarried children under the age of 21 of the petitioner are allowed to be included as derivative beneficiaries. You may petition for your parents when you become a U.S citizen or permanent resident.
You cannot sponsor your parent as a dependent on your application On the other hand, you can list a child as dependent as long as such a child is unmarried and under 21 years of age.
Unfortunately, you cannot attach your parents to your EB-5 petition. They would need to make their own investment. Your other option would be to sponsor them for permanent residency after you apply for U.S. citizenship. However, this would take several years.
You can apply for U.S. Citizenship five years after you become a U.S. permanent resident. Then, you can apply for a green card for your mom.
You won''t be able to bring in your parents with you or even petition for them until you are a U.S. citizen (which will be more than five years from the time you receive your green card). The only way around this problem is make your mom an independent investor and have her invest her own $500,000 / $1 million.
Generally, derivative beneficiaries for the EB-5 program are limited to spouses and children under 21 years of age. Once you obtain permanent residency, you can petition for parents.
Your parents will not qualify as dependents on your EB-5 case. You must become a U.S. citizen in order to sponsor your parents.
As an Australian EB-5 attorney, we can assist with guiding you through the EB-5 process. You cannot include your parents in your EB-5 process. There may be alternative processes for your parents to visit the United States.
You can only sponsor them once you become citizens, five years down the line.
