Questions and Answers > EB-5 Requirements

What happens if a child is conceived after the EB-5 process begins?

I am married with no children and I plan on applying for the EB-5 visa. However, what happens if we become pregnant after the EB-5 process begins? How do we account for the child on the application? Will my child be able to immigrate to the United States?

Answers

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on August 5, 2014

  You can neither account for nor add the child to the application until he/she is born. However, if the child is born while the application is pending, you can amend your application and add the child. On the other hand, if the child is born after the application has been approved, you will need to file an I-130 for your child. The child will certainly be able to immigrate to the United States if your own immigrant visa is granted and you enter the United States. Talk to an EB-5 attorney on this issue both for monitoring and ensuring that the right steps are taken on this matter.

• Kevin Michael Reilly

  Immigration Attorney

  Answered on August 5, 2014

  Yes, you add the child to your case when he or she is born. Then the child will receive the permanent residence along with you.

• Karen-Lee Pollak

  Immigration Attorney

  Answered on August 5, 2014

  The procedure to include the child depends on what stage of the EB5 process you are in. If it is before the I-526 is filed, the child will be included as a derivative beneficiary. If the child is born after I-526 approval, but before you apply for permanent residency, you can simply notify the KCC/NVC by providing the child''s passport and birth certificate, and they will issue a fee invoice for the child. If the child is born after you become a conditional permanent resident you can file a following-to-join petition. If the child is born in the United States he or she will automatically be a U.S. citizen and there will be no need to file for permanent residency.

• Julia Roussinova

  Immigration Attorney

  Answered on August 5, 2014

  Yes, even if there is no child included in your I-526 petition and you conceive a child later, you will be able to add your child to the consular process with you to immigrate to the United States. You should consult an experienced EB-5 practitioner firm to discuss your matter.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on August 5, 2014

  You can add your child after the EB-5 process begins, either at the National Visa Center (NVC) processing stage or the consular processing stage.

• John J Downey

  Immigration Attorney

  Answered on August 5, 2014

  You should check with the Department of State as they issue the visas to come to the United States.

• Salvatore Picataggio

  Immigration Attorney

  Answered on August 5, 2014

  If your I-526 petition is still pending, you should be able to submit an interfiling memo with USCIS updating your dependents. You may also be able to wait until the I-526 is approved and notify the National Visa Center of the new addition. In either case, you would have to submit a copy of the birth certificate.

• James Wolf

  Immigration Attorney

  Answered on August 5, 2014

  Your child can receive a green card through you as your EB-5 dependent at any time in the process up to the point you receive the green card. If you child is born outside the United States after you get the green card, the child can receive the green card through a complex process, but it is still possible.

• Ed Beshara

  Immigration Attorney

  Answered on August 5, 2014

  Yes the newborn child can be included in the EB-5 process.

• Jinhee Wilde

  Immigration Attorney

  Answered on August 5, 2014

  You will have to add the child at the visa application stage with National Visa Center. Your immigration attorney will be able to guide you through this.

• Sufen Hilf

  Immigration Attorney

  Answered on August 5, 2014

  It depends on the timing of the birth and where the birth place is. If born prior to you getting a green card, the child can be added to the application. If born after you become a green card holder and if you are in the United States, then the child is a U.S. citizen. If born outside the United States, you should bring the child within two years of the birth and on your first trip back to the United States. Then, that child will be admitted as green card holder at the airport.

• Vaughan de Kirby

  Immigration Attorney

  Answered on August 5, 2014

  You would include your child when you file your I-485 change of status.

• Lynne Feldman

  Immigration Attorney

  Answered on August 5, 2014

  If the child is born before you immigrate, the child can immigrate with you. If born after you immigrate, it is more complicated; there is a special procedure if born within two years of your immigration.

• Denyse Sabagh

  Immigration Attorney

  Answered on August 5, 2014

  Yes, as long as the child is born before you get the immigrant visa, which is the last step in the initial process to receive the conditional permanent residence.

• Olga Karasik

  Immigration Attorney

  Answered on August 5, 2014

  Conceiving a child is not an issue. If your child is born after your EB-5 is approved, but before you apply to the consulate for issuing your visas, the child will be included in your permanent visa application together with your spouse. If your child is born after you arrive to the United States, your child will be a U.S. citizen.