My children are U.S. citizens and I am a British national. I would like to relocate to the U.S. but I was told that as minors, my children cannot yet apply for a green card on my behalf. Given the current processing time of EB-5, is it advisable for me to apply for EB-5 and get a green card this way?
As a U.K. citizen, you certainly can apply for EB-5 particularly since the U.K. is not experiencing retrogression. There is more than enough time for you to file and obtain approval on the I-526 petition. It appears that the processing time is adequate enough to accommodate a 15-year-old to be included as dependent rather than as a principal applicant.
If your children are domiciled in the U.S. at the age of 21, they can petition for you in about six years. If you file an EB-5 application competently, we would expect the green card to be processed in about half that time.
At this time, this is really a personal choice. Personally, I will wait until the oldest of your children reaches the age of 21 so she or he can apply for you. It will be cheaper, faster and almost guaranteed.
If timing is important, EB-5 would be a quicker solution to obtain your green card for your relocation to the United States. USCIS has just changed the way it adjudicates EB-5 applications and as the U.K. has no retrogression, you would be adjudicated before all the applications from retrogressed countries. With the foregoing said, it is imperative that you retain an experienced EB-5 attorney and only select a project on which third-party due diligence has been performed. Do not accept assurances that a particular project qualifies under the new USCIS TEA requirements unless you have expert advice from both a qualified EB-5 attorney and a licensed financial professional.
Your children cannot sponsor you until they turn 21. Whereas, you can apply under the EB-5 program now. The answer depends on how quickly you want permanent residency, and your personal financial situation in terms of whether investing the funds in an EB-5 program makes sense. Another option is that you could potentially come on an E-2 visa in the meantime if you are okay with managing and directing a business (or other visa options might be available as well), and then apply through your children, once one of them turns 21.
They have to be 21 to file an application for you, which is 6 years away. Even if the I-526 takes 4 years, once approved and assuming green cards are available, which is generally the case for all but Chinese, Indian, and Vietnamese investors, that will take maybe another 8 months to get permanent residency. This way you still get you here earlier than 6 years.
It is up to you on the timing. You may want to get an E-2 to come sooner and then when your oldest turns 21, he or she can petition for you, which is much faster.
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