[dropcap]After[/dropcap] an investor fulfills the requirements of the EB-5 Program and obtains lawful permanent residency they may be wondering how EB-5 investors can help their parents get U.S. residency, too.
Under just one EB-5 visa, an investor, their spouse and their unmarried children under the age of 21 years can all qualify for green cards, but parents and extended family members do not qualify.
Investors can help their parents gain lawful permanent residency to the U.S. in one of two ways.
The first way is for the EB-5 investor to wait until they have gained U.S. citizenship. Once they have naturalized, an EB-5 investor can petition their parents, who would be considered “immediate relatives.” There may be no quota on sponsoring immediate relatives. The path to U.S. citizenship through the EB-5 Program can take five years or longer depending on the investor’s country of origin. If an investor is from a country that is currently in retrogression, they may have to wait many more years just to obtain their conditional lawful permanent residency. Retrogression occurs when more investors apply than there are visas available. The two countries currently facing retrogression are Mainland China and Vietnam.
The second way EB-5 investors can help their parents get U.S. residency is by helping them applying for the EB-5 Program in their name. If the parents have the capital to invest in an EB-5 project, they can benefit from investing in the EB-5 Program and obtain lawful permanent residency. If the family chooses this route it can potentially be a lot faster than of a pathway to residency than the first option. If the parent’s EB-5 petition is approved they can move to the U.S. under a conditional permanent residency while they go through the EB-5 process to remove their conditions.
Before choosing a path, consult with an immigration attorney. There may be conditions or requirements not listed above. For more information, send us a message.
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