+1-800-997-1228
Questions and Answers > EB-5 Requirements

How can I get my parents eligible as EB-5 dependents?

I would like to add my parents as dependents on my EB-5 visa application. How can I do that?

Answers

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    Under current law the only dependents that can benefit from your EB-5 application is a spouse and unmarried child or children under age 21. If you are unmarried under age 21, one of your parents may be the principal EB-5 investor and include you as a derivative beneficiary but not the other way around.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    You can not unless you under 21 and there is no quota backlog. Otherwise you have to make two investments.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    Parents cannot qualify as dependents of an EB-5 investor.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    It is not possible. They need to either do their own EB-5 investment or once you become a U.S. citizen (five years after becoming an LPR you may petition for them as immediate relatives unless Congress ends this category per Trump''s request.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    You cannot add your parents as dependents on your EB-5 visa petition. If you are unmarried and under the age of 21, your parent can add you and his or her spouse. Once you acquire your Lawful Permanent Residency on a conditional basis, 5 years later you are eligible for U.S. citizenship and then you could sponsor your parents and they could immigrate as immediate relatives of a U.S. citizen visa free. However, President Trump has proposed the elimination of the basis upon which a U.S. citizen may petition for their parents. At this time, Congress is not likely to enact such a proposal, but it could be part of a larger package of proposals.

  • Avatar

    Rebecca Singh

    Immigration Attorney
    Answered on

    Unfortunately, parents are not included as dependents on the EB-5 petition. As a petitioner, you can include your spouse and any unmarried children under the age of 21. If you are under 21, your parents can apply with you as a dependent.

  • Avatar

    Dale Schwartz

    Immigration Attorney
    Answered on

    Sorry, but parents cannot be dependents in an EB-5 petition. They could file their own EB-5 case. Or they can wait until you become a US citizen and you can then petition for your parents.

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    You can not. Parents do not qualify as dependents. Your parents can do their own investment. Also, you can apply for them when you become a U.S. Citizen.

  • Avatar

    Robert West

    Immigration Attorney
    Answered on

    They cannot be EB5 dependents. Only spouse and minor children.

  • Avatar

    Vaughan de Kirby

    Immigration Attorney
    Answered on

    Your EB-5 investment will provide you, your spouse and minor children with a Green Card. Unfortunately, it will not extend to your parents. They could consider their own investment

  • Avatar

    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Unfortunately, it is not possible. You can only add your spouse and minor children as dependents.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Only immediate relatives (spouse, your children under 21) qualify as derivative dependents. If you are under 21, then one of your parents can serve as the EB-5 investor and include you as the derivative dependent.

  • Avatar

    Stephen Berman

    Immigration Attorney
    Answered on

    You can not. Dependents are spouses and minor, unmarried children.

  • Avatar

    Irina Lust

    Immigration Attorney
    Answered on

    You can only list your spouse and unmarried children under the age of 21 as dependents on your EB-5 application. However, once you become a citizen of the United States, you can sponsor your parents for green cards to come to the United States.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The immigration benefit for dependents are for Spouse and children under 21 years of age. You cannot include your parents as derivatives. However, you may do a family-sponsorship once you obtain your citizenship after EB-5, if such category will remain after Trump and Congress revamps immigration.

  • Avatar

    Nelson Lee

    Immigration Attorney
    Answered on

    If you are the primary petitioner, you can not. Under EB-5 rules, a petitioner may be accompanied by his or her spouse and unmarried children under 21. If you are single and under 21, the only option would be for you to withdraw your petition and let one of your parents re-submit as the petitioner and have your company as a child derivative. However, the viability of this option will depend on your current age and your parents' birth country. People born in China, for example, must currently wait several years before they can get their conditional green cards. If you are very close to turning 21, you may age out before you can get your conditional green card. I urge you to consult with an EB-5 attorney before you take any action with respect to your pending petition.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    Only spouses and unmarried children under 21 can be considered dependents.

  • Avatar

    Belma Demirovic Chinchoy

    Immigration Attorney
    Answered on

    You cannot. Petition for them once you are a U.S. citizen.

  • Avatar

    Blake Harrison

    Immigration Attorney
    Answered on

    Unfortunately, you can only include your spouse and children under the age of 21 as dependents on your EB-5 application. Your parents could make a separate investment and file their own EB-5 application to qualify.

  • Avatar

    Barbara Suri

    Immigration Attorney
    Answered on

    Current law does not allow you to get your parents eligible as EB-5 dependents. Under current law, you may file for their permanent residency after you become a USC.

  • Avatar

    Ying Lu

    Immigration Attorney
    Answered on

    You can only add your spouse and unmarried children under 21 as your dependents. Once you become a U.S. citizen, you can apply green cards for your parents.