Free EB-5 Evaluation

Family Member Treatment

• Are family members of an EB-5 investor granted conditional permanent residency?
  

• How does the EB-5 Program work for married couples?
  

• How might an EB-5 applicant visit the U.S. before receiving his/her conditional Green Card?
  

• If the principal I-526 applicant is living in the U.S. on a different visa and plans to adjust status through Form I-485, how can dependents living abroad file for the EB-5 Visa?
  

• Can someone file Form I-485 as an EB-5 investor and Form I-485 as an EB-2 immigrant?

• Can a teenager apply for an EB-5 Visa?
  

• After filing an I-829 Petition, at what point are the dependents of an EB-5 investor given an extension of their status?
  

• Can an unmarried adopted child under age 21 be included on an EB-5 application?
  

• Will divorce affect the permanent resident status of an EB-5 investor’s spouse?
  

• When can a principal EB-5 applicant add a spouse to the application?

• Which of the investor’s family members can apply for visas and Green Cards through the EB-5 Program?
  

• At what point in the EB-5 process may a dependent child marry, and will the child’s spouse become a derivative beneficiary?
  

• Can a B-1 Visa holder travel to the U.S. after receiving I-526 approval but before obtaining a Green Card?
  

• Can a derivative file Form I-485 after the I-829 Petition is approved?
  

• What happens if a dependent child turns 21 before the I-526 Petition is approved?
  

• What should an investor do if a family member’s fee bill is missing?
  

• How long must an EB-5 business be maintained?
  

• Can the principal EB-5 investor abandon his/her Green Card without affecting the family’s Green Cards?
  

• How soon after gaining conditional resident status can an EB-5 investor file an F2A spousal petition?
  

• Can a same-sex married couple apply for EB-5 Visas?
  

• Is an EB-5 applicant’s stepchild considered a derivative beneficiary?
  

• If a Green Card holder gives birth to a child while abroad, what is the child’s immigrant status?
  

• At what point in the process do EB-5 applicants have access to resident tuition rates?
  

• What is the immigration status of an EB-5 investor and any derivative beneficiaries after the I-526 Petition is approved?
  

• Must each of an EB-5 investor’s derivative beneficiaries fill out Form DS-260?
  

• Why might an attorney advise against pursuing the EB-5 Program?
  

• When should the derivatives of an EB-5 investor file Form I-485?
  

• How will I-526 approval affect a derivative’s ability to obtain or renew an F-1 Visa?
  

• How is a derivative child’s age calculated, particularly in light of visa retrogression?
  

• Can a derivative beneficiary living in the U.S. as a nonimmigrant adjust status even if the principal applicant consular processes?
  

• When can an EB-5 investor file Form I-130 on behalf of relatives?
  

• Can the EB-5 Program help a derivative who has overstayed a visa?
  

• Will divorce during conditional residence affect an I-829 Petition?
  

• Who is allowed to gift funds to an EB-5 investor?
  

• Can an EB-5 investor add a spouse to his/her application after obtaining a conditional Green Card?
  

• Can an EB-5 investor’s partner in a civil union apply for an EB-5 Visa as a derivative?
  

• When can the derivative family members of the EB-5 investor apply for their Green Cards?
  

• How might an expected grandchild be included as an EB-5 derivative beneficiary?
  

• Does an EB-5 investor have to include his/her spouse on the application if the spouse does not intend to pursue the EB-5 Visa?
  

• How will a derivative abandoning his/her conditional permanent residence affect the principal EB-5 applicant and other derivatives?
  

• When is the child of an EB-5 investor to old to be included as a derivative beneficiary?
  

• If an EB-5 investor marries or has a child after filing his/her I-526 Petition, will the new family member be eligible for a Green Card?
  

• Can someone in the U.S. as a spouse on a nonimmigrant dependent visa, such as F-2, J-2, or H-4, apply for EB-5?
  

• How might a stepchild be included as a derivative beneficiary of an EB-5 investor?
  

• How might an EB-5 investor sponsor elderly parents as dependents?
  

• Can an EB-5 investor and his/her family move to the U.S. before the I-526 Petition is adjudicated?
  

• If a derivative child turns 21 before Form I-829 is approved, will the child be eligible for the permanent Green Card?
  

• Can a married couple file two separate I-526 Petitions and include one another as derivatives?
  

• How might an EB-5 applicant and/or derivatives postpone entering the U.S. after I-526 approval in order to complete business, academic, or other obligations?
  

• How might derivatives spend more than six months abroad after obtaining an EB-5 Visa?
  

• Can a derivative beneficiary on a nonimmigrant visa travel abroad with a pending I-526 Petition?
  

• Is there a limit to the number of family members who can apply for EB-5 Visas as derivative beneficiaries?
  

• How might a parent who shares custody of a child include the child as a derivative beneficiary on an EB-5 application?