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Family, Employment & Travel

Can my spouse and children also get green cards through my EB‑5 investment?
Yes. Your spouse and unmarried children under 21 can receive conditional green cards as your dependents. If your child turns 21 during processing, the Child Status Protection Act (CSPA) may help keep them eligible.

Yes, you can change from a student visa (F-1) to an EB-5 visa while you are in the U.S. as an international student. Here’s a simple guide:

  • Eligibility: Make an investment of at least $800,000 in an approved EB-5 project.
  • Application Process: File Form I-526 to USCIS to start your EB-5 application.
  • Status Adjustment: Once your I-526 is approved, apply for a green card by filing Form I-485 if you are already in the U.S.
  • Wait Time: Processing times can vary, so it’s important to plan accordingly.

Ensure your funds are legal and well documented. Consider consulting an immigration attorney for guidance.

To keep your permanent resident status, you should treat the U.S. as your main home and avoid long absences. Trips outside the U.S. lasting more than six consecutive months may trigger scrutiny from immigration authorities. When extended travel is unavoidable, secure a re-entry permit before departure. Maintaining a residence, paying U.S. taxes, and keeping other strong ties to the country will help demonstrate your intent to reside permanently.
No, you do not need to apply separately for your spouse’s green card when you apply for an EB-5 visa. Your spouse and any unmarried children under 21 can be included as dependents in your EB-5 petition. Once your EB-5 application is approved, your spouse and eligible children can apply for their own green cards through an adjustment of status if they are in the U.S. or by submitting a visa application if they are outside of the U.S. This process allows your whole family to have U.S. residency together.
Yes, with an EB-5 visa, you and your family have the flexibility to live in different states. The EB-5 visa grants U.S. permanent residency, which allows you and your family members to reside anywhere in the United States. This flexibility means that while you might need to stay in a specific location for employment or business purposes, your family members can choose to live in another state, such as for education or personal reasons.
Yes, you can travel while your EB-5 petition is being processed. If you are in the U.S. on a valid visa, make sure it remains active when you plan to return. Always carry proof of your EB-5 application and current visa status when traveling. If you need to renew your visa, plan ahead. If you are outside the U.S., keep in mind that your travel should not interfere with the process of your petition or any scheduled interviews. It’s crucial to monitor your petition status and consult with immigration professionals for personalized advice based on your situation.

If your spouse wants to study in the U.S. while you pursue an EB-5 visa, they may do so by applying for an F-1 student visa or as a dependent under your visa once your EB-5 petition is approved. Here’s what you need to know:

F-1 Student Visa: Your spouse can apply for this if they plan to study full-time. They will need to be accepted by a U.S. school and prove they can pay tuition and living expenses.

Dependent Status: Once your EB-5 visa is approved, your spouse can study in the U.S. as an EB-5 dependent.

This offers them flexibility in pursuing academic goals in a stable environment.

Yes, when you invest in an EB-5 visa and gain a U.S. green card, your children can attend college in the U.S. as residents. This means they enjoy benefits like in-state tuition rates, which are lower than the rates for international students. An EB-5 investment helps secure a stable future for your children, allowing them to live, study, and work in the U.S. This way, your investment not only provides a pathway to residency but also supports your children’s education and career opportunities in America.
No, if your child gets married while their EB-5 application is still in process, they will no longer qualify as a dependent child under the EB-5 program. The EB-5 visa is only available to dependent children who are unmarried and under 21 at the time of the application. Once they marry, they lose the dependent status, which affects their eligibility for the visa. It’s important to plan carefully and keep these rules in mind to ensure your family’s green card plans stay on track.

If you are waiting for your EB-5 green card and need to travel outside the U.S., you will need to apply for “Advance Parole.” Advance Parole is a temporary travel document that lets you leave the U.S. and return without affecting your green card application. Here’s how you can get it:

Submit Form I-131, Application for Travel Document, to USCIS.
Make sure to include the necessary documents like your receipt notice from your green card application.
Pay the applicable fee.
USCIS will review your application and, if approved, issue an Advance Parole document.

Remember, do not leave the U.S. without Advance Parole, as it may jeopardize your green card process.

Dependents of EB-5 investors, such as a spouse and unmarried children under 21, enter the U.S. on conditional permanent resident status. Once they receive their green card, dependents are allowed to work in the U.S. without needing a separate work permit. They can start working legally after their green card is issued and then enjoy the benefits of living, studying, and working in the U.S. as they desire.

If your EB-5 visa is approved and your family is outside the U.S., they can still join you by following these steps:

  • Your family will apply for an immigrant visa at a U.S. consulate in their home country.
  • They will need to complete medical exams, provide necessary documents, and attend a visa interview.
  • Once their visas are granted, they can enter the U.S. as permanent residents.
  • It’s important to ensure all documents are correct and to follow any guidance provided by the consulate.

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