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When do family members officially become beneficiaries of an EB-5 application?

When I submitted my I-526, I listed my wife and my daughter as my family members. Someone told me that at this point they are technically not the “derivatives” or “beneficiaries” of my EB-5 application. Is this true? At which stage of the EB-5 process are they “officially” included as beneficiaries of my immigration petition? When does this “binding” effect end? For instance, if my daughter decides that she does not want to continue the green card track, when is the safest time for her to exit without impacting the eligibility of my wife and I to get green cards?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Generally, spouses and children can be added at any time while the petition is pending. For children, sometimes you can even add after acquired children born abroad if you apply within two years of birth.

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    Barbara Suri

    Immigration Attorney
    Answered on

    No one is obligated to file for a green card. Your family members are beneficiaries of your approved petition. They may file for a green card when you qualify to file for your green card.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    For the I-526 petition, you are the petitioner. If your I-526 petition is approved, then you, your wife and your daughter can proceed with the immigrant visa application process. Your wife and daughter become beneficiaries of your approved I-526 petition when they proceed with the immigrant visa application process. If your daughter does not want to become a U.S. permanent resident, then she should not proceed with the immigrant visa application process.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Your dependents will "formally" join your EB5 petition at the time of adjustment of status or application for an immigrant visa. A dependent's decision not to pursue LPR through EB-5 does not impact your/your wife's eligibility. The principal applicant controls the process and must proceed with LPR in order for dependents to derive benefit.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    I-526 petition is for the investor only. Your family will become derivatives eligible for immigration benefits based on the approved I-526 petition, as your family when you are filing for the I-485 or DS-260. Thus, your daughter may be able to opt out of filing the DS-260 or I-485, and could state that she has never applied for permanent residency.

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    Robin J Gray

    Immigration Attorney
    Answered on

    If you place your wife and children (under the age of 21) on your I-526 petition, they are considered derivatives on your petition at that time. If your daughter decides she no longer wishes to participate in the process, you can withdraw her status by notifying USCIS. You are the principal on the application, so there should not be any consequence for removing your daughter from the petition, if she so desires.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    At the next stage (i.e. after the I-526 is approved) when you and your family file for either the adjustment of status or immigrant visa is when they become derivative beneficiaries with declared immigrant intent.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your immediate family, which would be defined as your spouse and unmarried children under the age of 21 or, automatically, your dependents. They are clearly not the direct beneficiaries of any approved EB-5 petition, but as your beneficiaries, once the visa number is available, you along with your dependents can apply for an immigrant visa together or, if in the U.S., for adjustment of status. They are "officially" always your dependents from the very first instance. As long as you are still married and the children are unmarried under the age of 21, they will automatically benefit as your dependents and can apply simultaneously with you.

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