As a San Francisco immigration attorney at Jatoi & de Kirby, APC, people ask me this question all the time. Depending on the age and marital status of your children, you have a few options when bringing your dependents to live with you in the U.S. Under the Child Status Protection Act (CSPA), some dependents waiting for approval of their visa petitions may be considered children for immigration purposes—even if they have reached the age of 21.
Here are two ways the CSPA can expedite dependents’ visas after an EB-5 investor becomes a U.S. citizen:
- Opt-Out. In some cases, a permanent resident petitioner will file Form I-130 (Petition for Alien Relative) for an unmarried dependent during the naturalization process. If the EB-5 resident becomes a citizen, his dependents’ visas are automatically converted to a first preference classification. However, his dependents can choose to remain in the second preference classification—also called opting-out—if the second preference visa has a shorter waiting time.
- Adjustment of Status. Dependents may be able to achieve permanent residence through Forms I-730 or I-485 (Application to Register Permanent Residence and Adjust Status). The forms needed depend on where they are living at the time of the EB-5 resident’s naturalization and their ages when the visa form was originally filed.
To find out how to bring your family members to the U.S. as quickly as possible, contact a San Francisco immigration lawyer at Jatoi & de Kirby, APC today at (415) 221-2345. For more information on business immigration, click the link on this page to order our FREE guide, Investor's Path to a Green Card: How Investing in America Can Put You and Your Family on the Path to Greater Wealth and U.S. Permanent Residency.