Imagine a family, united by a common dream, a fresh start in the United States. Each member brings their unique strengths, but it’s their shared determination that propels them forward. With the EB-5 visa program, this dream is within reach.
However, like any successful team, achieving this goal requires more than just desire; it demands collaboration, precise timing, and a well-thought-out strategy. Every member of the family, from the principal investor to children, has the potential to take part in this transformative journey to U.S. residency.
You might be asking: Does the EB-5 visa get for the whole family? The answer is a resounding yes, but only if your family meets specific eligibility requirements. In this blog, we’ll walk you through how the EB-5 visa can pave the way for your entire family’s move to the United States.
Family Eligibility in the EB-5 Program
When considering the EB-5 visa, the focus often falls on the investor. But what about the rest of the family? Does the EB-5 visa apply for the whole family? Yes, it does, if certain conditions are met. The EB-5 program isn’t just about the principal investor; it extends to your immediate family as well. Here’s a breakdown of who qualifies:
- The Investor: This is the primary applicant who must make the required investment in a U.S. commercial enterprise. The investor is the cornerstone of the petition and the person through whom the family members benefit from the EB-5 process.
- Spouse and Children: The EB-5 visa allows the investor’s spouse and unmarried children under the age of 21 to be included in the application. This means your immediate family can move with you, creating an incredible opportunity to build a future together in the U.S.
- Stepchildren: The EB-5 visa also includes stepchildren, but only if the relationship with the step-parent is established before the granting of conditional residency. They must be unmarried and under 21 years of age. This inclusion ensures that all children, whether biological or step, have the chance to benefit from the investment.
As you can see, the EB-5 visa is designed to help keep families together as they pursue U.S. residency. However, understanding who qualifies and ensuring each family member is properly included in the petition is crucial.
Need help confirming your family’s eligibility for the EB-5 visa? The Law Offices of Sweta Khandelwal can help you handle the process with clarity and ease.
Limitations of the EB-5 Visa
While the EB-5 visa presents a tremendous opportunity for families, it’s important to understand that there are certain limitations and challenges you may face. Many of these limitations revolve around the visa’s availability and the financial risks involved. So, what should families keep in mind?
- Quota Backlogs: The EB-5 visa is subject to annual caps, meaning there is a limited number of visas available each year. For countries with high demand, like China, India, and Vietnam, this can lead to long wait times. The EB-5 visa process is highly dependent on your country of origin, and this can significantly affect your timeline for obtaining U.S. residency.
- Investment Risk: One of the most critical aspects of the EB-5 visa is the substantial financial investment required. Investors must make a qualifying investment in a U.S. business. However, this investment comes with risk. If the business fails or doesn’t create the required number of jobs, there’s a possibility that the investor could lose their investment. This risk is an inherent part of the program, and it’s important for investors to conduct due diligence before committing.
- Conditional Residency: The EB-5 visa grants conditional permanent residency for two years. After this period, the investor must file a petition to remove the conditions and prove that the investment has been sustained and is meeting the job creation requirements. If the conditions aren’t removed, the investor could lose their residency status.
By knowing what to expect, families can make informed decisions that best align with their long-term goals.
Also Read: E2 Visa to EB1C Green Card Path
Age Protection under the Child Status Protection Act (CSPA)
A common concern for families applying for the EB-5 visa is the age of their children. Children must be under 21 to qualify, but what happens if your child turns 21 during the application process? This is where the Child Status Protection Act (CSPA) comes in. So, how does CSPA help families protect their children’s eligibility under the EB-5 visa?
- Locking a Child’s Age: The CSPA allows families to “lock” a child’s age if the Form I-526 is filed before the child turns 21. By doing this, the child remains eligible for the EB-5 visa, even if they reach the age of 21 during the processing of the application. This is an important tool for families who want to ensure their children’s eligibility is protected.
- CSPA Eligibility: Not all children can benefit from the CSPA. The act only applies if there’s enough visa availability in the child’s category. For families from countries with high demand, there may be delays, and this can impact whether the CSPA protections apply.
- Visa Filing Requirements: To retain eligibility under the CSPA, the visa filing or adjustment of status must occur within one year of the I-526 approval. Meeting this requirement is crucial to ensuring your child remains eligible for the EB-5 visa.
If your child is close to turning 21, taking proactive steps with an immigration attorney is critical. In that case, Sweta Khandelwal can assist in developing a strategy that secures your child’s path to U.S. residency.
Timeline: Adjustment of Status (AOS) vs. Consular Processing (CP)
When applying for the EB-5 visa, one of the key decisions families must make is whether to pursue Adjustment of Status (AOS) or Consular Processing (CP). Both routes ultimately lead to U.S. residency, but they differ in terms of process, timeline, and who they apply to. Let’s break down the differences between AOS and CP, and how they affect your family’s journey.
- Adjustment of Status (AOS):
If you’re already in the U.S. on a valid visa, you may be eligible to apply for Adjustment of Status. AOS allows you to change your status from a temporary visa holder to a permanent resident without leaving the U.S. After your I-526 is approved, the next step is filing Form I-485 to adjust your status.
Timeline for AOS:
The timeline for AOS can vary significantly based on your country of origin and current visa backlogs. In some cases, it can take several months to a few years for AOS approval.
- Consular Processing (CP):
For applicants who are outside the U.S., Consular Processing is the primary route. After the I-526 petition is approved, you’ll attend an interview at a U.S. consulate or embassy in your home country. The process involves submitting documents and completing medical exams before being granted an EB-5 visa.
Timeline for CP:
CP generally takes less time than AOS, especially for applicants from countries with high demand.
Also Read: Understanding the Cost of Applying for an EB-2 NIW Visa
How Can Families Help Their Children Become EB-5 Green Card Holders?
Since the EB-5 visa opens up opportunities for the investor’s children to secure U.S. residency, how can families help their children become EB-5 green card holders? Let’s find that out.
One way is that as long as the child is unmarried and under 21 years of age at the time of filing the I-526 petition, they automatically qualify as dependents. This means that children can obtain U.S. residency alongside the principal investor, making it easier for families to relocate together.
Another option for families is gifting the required investment funds to children, allowing them to make their own independent EB-5 investment. This can be particularly useful if a child is over 18 but still under 21, as they can secure their own path to U.S. residency without waiting for their parents. The funds can be gifted as long as they meet the necessary legal requirements and are used for a qualified investment.
Understanding the intricacies of dependency and the ability to gift funds can significantly impact your family’s success in this process.
Want to learn more about how to include your children or gift funds for an EB-5 investment? Contact the Law Offices of Sweta Khandelwal to explore all the options available for your family.
Maintaining Residency for Family Members Post-21
When handling the EB-5 visa process, it’s essential to understand how family members can maintain their U.S. residency even after certain life changes, such as turning 21 or divorce. Let’s understand how the EB-5 program offers protections and options to help families retain residency.
- Age-Out Protection:
If a child turns 21 or marries during the EB-5 process, they may still retain eligibility to immigrate if they are included in the I-829 petition. This petition is filed after receiving conditional residency and is a key part of removing conditions from your green card. The age-out protection allows children who are aging out during the process to still be covered as part of the family’s residency plan.
- Divorced Spouses:
Even if a spouse divorces the principal investor after receiving the conditional green card, they may still qualify for full residency through a separate I-829 petition. The spouse must meet specific conditions outlined in the petition to ensure they are eligible. This allows for continuity in residency status, even in the case of family changes like divorce.
Also Read: Difference between EB1, EB2, and EB3 Green Cards: Right Option for You
Conclusion
The EB-5 visa gives your family a chance to start a new life in the United States, together. But success isn’t guaranteed. It requires proactive planning, sound legal advice, and smart decisions based on accurate information.
So, does the EB-5 visa get for the whole family? Yes, it absolutely can, but only if you prepare for every step and protect every member’s eligibility.
You’ve come this far. Now, take action. Contact the Law Offices of Sweta Khandelwal to start your EB-5 journey. Explore your child’s eligibility options by consulting Sweta Khandelwal today. Get personalised guidance from The Law Offices of Sweta Khandelwal and build your family’s roadmap to U.S. residency.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
