When applying for an EB-5 visa, are the children automatically included in the application as dependents? I want to apply for EB-5 and include my son in the application. I share custody of him with my ex-wife and we are still negotiating about if she will let him relocate to the U.S. with me. However, I want to start the process as soon as possible. When is the latest time to include a dependent child in an EB-5 application?
The EB-5 petition should be filed before your son turns 21 years old. However, it depends on whether you are subject to retrogression and long time delays between the time you file the EB-5 petition, the approval date and the approval of Ghent conditional permanent residency.
It is never too late. The key issue is the permission and whether they under 21 at the time of the interview or protected under the Child Status Protection Act.
Ideally, you should add him at the initial I-526 application stage. If for some reason you cannot, you could add him later after the I-526 approval, before you apply for the immigrant visa. You would, however, need consent from your ex-wife for him to be able to immigrate to the U.S.
It is advisable that children should be included as dependents during EB-5 process. However, the issue of whether any child can be taken out of their state of residency is governed by the state family law. A better approach most of the time is either to mediate the arrangement between the parents or sort it out in the court that has jurisdiction over the matter. Advisably, consult a family law attorney in the state which has jurisdiction over this issue prior to taking further action in an EB-5 process.
All children of an EB-5 applicant who filed an EB-5 petition on Form I-526 are included as dependents provided they are unmarried and under the age of 21. This would include any child of yours regardless of you and your former spouse's custodial arrangement. You can include your dependent child at any time, up until you apply for your immigrant visa or through an adjustment of status based upon the approval of your EB-5 petition.
You add your dependents on the Form I-526, but it's part two, the NVC processing or adjustment of status, where you formally include them with an application. At that step you'll need to show you can actually have him move to the U.S. with you.
At the time of listing dependents on the immigrant visa processing, you can list your dependent child to be included in the green card processing.
I-526 petition does require you to list your child or children. When/if I-526 is approved, the next step is to go through a consular process for an immigrant visa to immigrate to the U.S. as a conditional permanent resident. At this point, you apply for an immigrant visa for your son based on your I-526 approval. You will need to have consent from your former spouse for a child to immigrate to the U.S.
You will list your child on the I526. Later on, you can decide whether he will apply for a visa. The latest time to add a dependent is at the visa application/NVC stage.
The revised I-526 petition now has a section to list all the dependents who will be included under your petition. If you have not listed your child, you could still include him during the visa processing time after I-526 is approved, but you may need to go through extra hoops to add him along with the divorce certificate and custody order that gives you the sole custody.
You should list all your children on any forms you file, if asked to do so. But children can be added after the I-526 is approved and you are applying for adjustment of status if in the USA, or at the consular processing stage at a U.S. embassy or consulate if abroad.
You want to name on the I-526 and can decide whether he will immigrate with you or at a later date if still a minor.
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