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Who can be included in my EB-5 application as my dependent children?

I have two spouses in my home country and one of them is willing to move to the U.S. as the dependent spouse on my EB-5 application. Is it possible that my children from my other spouse can come with me for green cards? Or can only children of my EB-5 dependent spouse come?

Answers

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    All of your children can be dependents for the EB-5 process based on your EB-5 investment.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    In 50 years of practicing immigration law, no one has ever asked me that question before. I know that if you have two wives, for U.S. immigration, you can only sponsor one of them. If your home country allows two wives, then I would think the children of the 2nd wife are considered your legitimate children and you could sponsor them as well. But I must do more research before I can give you a certain answer.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Only the first marriage is legally recognized for immigration. All the children under 21 should be eligible but you need the consent of the other parent to immigrate.

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    Charles Foster

    Immigration Attorney
    Answered on

    All of your minor children should be eligible to being counted as your dependent from both spouses. Under U.S. law, you cannot qualify both spouses. The presumption would be that your first spouse would be your lawful spouse since under U.S. law, you would not be eligible to remarry if you were still married. Your children would have to be unmarried and under the age of 21.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Only one spouse can be included, but all children can be included if you are their father or stepfather.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    All of your children who are unmarried and under age 21 may be included as derivatives in your I-526 petition if you have birth certificates showing you are the father. Keep in mind that the U.S. does not acknowledge polygamy.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    A spouse and all your biological children under 21 years old and unmarried may be included in the petition. If you have any children due to a marriage with someone other than the biological parent of your children, those children are also included as long as the marriage with their mother occurred before they turned 21 years old.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    You should discuss this with a lawyer with whom you have a client-attorney relationship.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The United States does not acknowledge polygamy. The immigration benefits will be to the investor, his wife and their children as a nuclear family. However, if all your children are registered as your children and can be proven by DNA testing, perhaps they could benefit. This is a hard issue for a U.S. official to grasp, as things are not done this way here.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your spouse and all your kids under 21 can be included as derivative beneficiaries to your processing. Your kids can be from another marriage, stepkids and/or adopted kids. They do not need to be only kids from your current marriage, as long as you have proof of relationship (i.e., birth certificate listing you as the father) and permission from the mother to have them accompany and move with you abroad.

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