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Questions and Answers > EB-5 Requirements

How will my EB-5 status affect dependent children?

I would like to do EB-5 to get permanent residency in US. My son, 19 years old, is currently on student visa F-1. If I am approved, what will happen to my son? Will he keep his F visa or will he be counted as my dependent through EB-5?

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Answers

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    As long as your son is under the age of 21 before his adjustment of status application is filed, he will receive the same benefits as you under EB-5.

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    Roberto Ortiz

    Immigration Attorney
    Answered on

    Your son will be included in the EB-5 since he is under 21 years of age. He will be eligible to receive his conditional residency. If you have any questions, please do not hesitate to contact me.

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    Mahsa Aliaskari

    Immigration Attorney
    Answered on

    Your eligible dependents, spouse and children under 21 years of age may file for their permanent resident (I-485 or consular process) at the same time that you file your application after I-526 approval. You should speak to immigration counsel about dual intent (or lack of) for F-1 visa holders as well.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your dependent children under 21 are eligible to be included when you file for your permanent residence through EB-5 Immigrant Investor and subsequent adjustment of status or immigrant visa filing. Therefore, when you become a permanent resident, your dependent children (who will also have to submit their own separate Adjustment/immigrant visa applications) will also become permanent residents.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is up to you. He can be included in the EB-5 case as long as the petition is filed before his 21st birthday and as long as there is no EB-5 visa number retrogression, which is unlikely this year. Also, you have the option of not including him and letting him maintain his F-1 student status. You should consult with an experienced EB-5 immigration attorney to advise you on your options.

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    Ying Lu

    Immigration Attorney
    Answered on

    First, if you have not filed your I-526 petition, you should file it as soon as possible because your child is going to age out very soon. Only unmarried child under 21 years old can immigrate with you. Second, since you are the petitioner of the I-526, it will not affect your son''s current F-1 status. Third, if your I-526 is approved, your son can be your dependent and immigrate with you provided that he is under the protection of CSPA. Timing is very important in your case. We are very experienced in handling such situation. I will be glad to provide consultation to you.

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    Shahzad Q Qadri

    RC Creator
    Answered on

    He will transfer to your status provided he is under 21.

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    Boyd Campbell

    Immigration Attorney
    Answered on

    If you file your I-526 petition prior to your son reaching the age of 21, he may adjust his status to conditional resident in the United States based upon your approved petition.

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    Rachel Lew

    Immigration Attorney
    Answered on

    U.S. immigration law defines "child" as an unmarried child under the age of twenty-one (21) and can be considered as the applicant''s dependent to receive immigration benefits. Whether your dependent(s) is (are) entitled to immigration benefits depends on the availability of the visa quota and the timing of the filing of the immigrant visa or adjustment of status application. If you file the I-526 petition now, you can include your son as a dependent. If your son has not reached age 21 by the time your I-526 is approved and is ready for adjustment of status from F-1 status to immigrant status, he should be able to receive his conditional permanent resident status, providing that he satisfies all the immigrant admissibility requirements. In your case, timing is very important for your son.

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    Karen Weinstock

    Immigration Attorney
    Answered on

    Your son can join as derivative beneficiary but must apply, there is no automatic grant. The case must be approved before his 21st birthday.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your spouse and your children under 21 are all considered dependent beneficiaries under your petition and will become green card holders with you.

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    Margo Chernysheva

    Immigration Attorney
    Answered on

    As long as your son is under 21 before his adjustment of status application is filed, he will still be your defendant child and will receive the same benefit as you given no other inadmissibilities exist for him.

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    Jeffrey E Campion

    Immigration Attorney
    Answered on

    He will be allowed to receive his Green Card through you as long as he is under 21.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    There may still be enough time to process him as your dependent (in which case, he will get a green card with you). But it is critical to begin the process as soon as possible.

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    Michelle T Kobler

    Immigration Attorney
    Answered on

    If you submit your EB-5 application (Form I-526) prior to your son turning 21, he will be included as a dependent in your EB-5 application. As a result, after you obtain your conditional permanent residence card, your son may similarly obtain his conditional permanent residence card and remain in the United States as a green card holder.