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Questions and Answers > EB-5 Requirements

What can I do to ensure that my step-child will be able to immigrate?

My fiancee has a son who is under age 21 from a previous marriage. We will marry soon and I will also be applying for an EB-5 visa. Will I need to adopt my husband''s son for him to immigrate through EB-5? What can I do to ensure that my step-child will receive a green card?

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Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    You would need to be married before the stepchild is 18.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    A "child" for U.S. immigration purposes includes only stepchildren under the age of 18 when the marriage occurred.

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    Ed Beshara

    Immigration Attorney
    Answered on

    The advise of an experienced EB-5 attorney will assist you in the answers to your questions. The question that needs to be answered is what is the exact age of the child. For instance, is the child under 18 years of age? When will the marriage take place? When will the I-526 petition be filed? Where were you born - China? If China, then children who are close to being 21 years old just before the I-526 petition is filed may age out and not be able to apply for conditional residency.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Your new husband should be the main investor and file before his son''s 21st birthday. While the step-child is considered your child also, having you as the investor will just add another layer of explanation that is not needed when the child has no time left before he ages out.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If the marriage creating the step-parent - step-child relationship takes place before your stepson turns age 18, he may be included in your petition.

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    Karen-Lee Pollak

    Immigration Attorney
    Answered on

    You can include your step-child in the petition as if he was your biological child and he can immigrate with you. You will need: -a copy of your step-child''s birth certificate issued by civil authorities. -A copy of your civil marriage certificate to your step-child''s biological parent. -Proof of the legal termination of all previous marriages for you and/or the biological parent (divorce decree, death certificate, annulment decree).

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    Robert Baizer

    Immigration Attorney
    Answered on

    For a step-child to be able to be considered as your child for immigration purposes, the marriage must take place before the child reaches age 18. If that happens, adoption is not necessary. If the child is already 18 or over, adoption will not help.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    Thank you for your inquiry. Unfortunately, you will not be able to include your child in your EB-5 case as your marriage will take place after the child''s 18th birthday. But if she is the investor, she could. Otherwise, your wife will need to apply for him when she gets her green card.