The EB- 5 Emigrant Investor Program is a popular pathway for foreign citizens seeking endless occupancy in the United States through investment. A common question among implicit investors is whether they can bring their family members with them. The answer is yes, but with specific conditions and limitations.
Who Qualifies as a Dependent?
Under the EB- 5 program, an investor’s partner and unattached children under the age of 21 can be included in the EB- 5 solicitation. These family members are considered secondary heirs and can admit green cards as part of the investor’s operation.
To qualify as a dependent
partner The investor’s legal partner, handed the marriage is fairly honored in their home country or the country where it was contracted, can be included in the operation. Common- law mates do n’t qualify as consorts under the EB- 5 program.
Children Biological, espoused, and stepchildren can be included, handed they’re unattached and under 21 times old when the Form I- 526E is submitted. There’s no limit to the number of children that can be included as long as they meet the conditions.
Parents and wedded children over the age of 21 do n’t qualify as secondary heirs.
How to Include Family Members in the EB- 5 operation
When applying for an EB- 5 visa, you can include your partner and unattached children under 21 in your solicitation. You do n’t need to make an redundant EB- 5 investment for them — they are covered under your main operation. Each dependent family member must file a separate Green Card operation. The process of carrying an EB- 5 Green Card as a dependent is analogous to that of the top investor. Dependent family members can apply for an EB- 5 Green Card through adaptation of status or consular processing, depending on their position at the time of form.
Child Status Protection Act( CSPA)
The Child Status Protection Act( CSPA) helps children avoid” growing out”. It’s accessible that you would want your family to travel with you to the U.S., or if that is n’t is not permitted, to join you as soon as possible.
Benefits for Family Members
The EB- 5 visa offers multitudinous benefits to the investor’s family, including
Green Cards consorts and unattached children under 21 can admit green cards.
Education Children have access to U.S. education.
Living and Working Family members can live and work anywhere in the United States.
Tentative Permanent Residence and Removing Conditions
The process of getting a green card through the EB- 5 visa has 2 main way. You first come a tentative endless occupant for 2 times. You can remove the condition from your green card after 2 times by showing that you officially created 10 jobs for US workers, and that you kept your capital invested in the US business for the required period of time.
Special Situations
The USCIS does give U.S. hearthstone for family members who have experienced life changes while maintaining legal endless occupant status. In some circumstances, children who turn 21- times-old or get married while holding a tentative green card may be eligible to remove conditions on their visa under the investor’s I- 829 solicitation. also, separated consorts of admitted investors who have tentative endless occupant status may attain full occupancy by filing a separate I- 829 solicitation. still, aspirants in these cases must meet certain qualifying conditions set forth by USCIS.However, the child or separated partner may be placed in junking proceedings and forced to depart the United States, If they’re set up ineligible.
Conclusion
The EB- 5 visa program allows investors to include their partner and unattached children under 21 in their operation. By understanding the eligibility conditions and processes, investors can navigate the EB- 5 program successfully and secure a future in the United States for themselves and their families.
