It is understandable that you would want to keep your family together as you begin your new life in the United States. However, there are many regulations surrounding which family members may accompany you under an EB-5 visa—particularly if you have children who are about to reach legal age.
In most cases, unmarried children under 21 years may travel to the U.S. with an investor parent. However, children may be near the cutoff age while their parent’s petition is pending. Under the Child Status Protection Act (CSPA) for EB-5 investors, the U.S. Citizenship and Immigration Services (USCIS), will only consider your child’s biological age at the time your Form I-526 was submitted, allowing children who turn 21 during the period of adjudication to be included in the visa.
In order to be eligible for the Child Status Protection Act for an EB-5 visa, the child must:
- Be a beneficiary of an EB-5 visa petition that was approved after August 6, 2002. The child must not have had any prior decisions on adjustment of status applications or visas prior to August 6, 2002.
- Be under 21 and unmarried on the date that your Form I-526 was officially filed. Parents should retain a copy of the receipt in order to avoid future immigration difficulties.
- Actively seek permanent residence within one year of visa date. USCIS requires that all CSPA dependents must “seek to acquire” residence by filing Form I-824 (Application for Action on an Approved Application or Petition), Form I-485 (Application to Register Permanent Residence or Adjust Status) or Form DS-260 (Application for Immigrant Visa and Alien Registration from the Department of State). The immigrant investor may file these forms on behalf of the child.
At Jatoi & de Kirby, APC, we know how frustrating the regulations surrounding family immigration can be. That is why our San Francisco EB-5 attorney offers answers to all of your EB-5 visa questions in our FREE immigration 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.
Do you still have questions? Call us today at (415) 221-2345 to speak with a San Francisco immigration attorney.