EB5 and Your Family’s Immigration Plan
For international investors, the EB5 Immigrant Investor Program is not just a financial decision, but a comprehensive strategy for the entire family’s future. It provides a direct pathway to a US Green Card by Investment for the investor, their spouse, and any unmarried children under the age of 21.
Who is Covered by an EB5 Visa?
The EB5 visa application covers the following immediate family members of the primary investor:
- The Investor: The principal applicant who makes the qualifying investment.
- Spouse: The investor’s legally married spouse.
- Unmarried Children Under 21: All unmarried children of the investor who are under 21 years of age at the time of filing. This includes biological, step, and adopted children, subject to specific legal requirements.
The entire family can be included on a single I-526E petition, which streamlines the immigration process.
The Importance of Age and the Child Status Protection Act (CSPA)
The age of a child is a critical factor in the EB5 process. If a child turns 21 before the visa is granted, they may “age out” of the application. However, the Child Status Protection Act (CSPA) provides a formula to “freeze” a child’s age for immigration purposes.
The CSPA age is calculated by taking the child’s age at the time the visa becomes available and subtracting the number of days the I-526E petition was pending with USCIS. This provision is particularly important for families with children approaching their 21st birthday.
The Green Card’s Impact on the Family’s Future
A successful EB5 investment provides more than just a Green Card; it offers a secure future for the entire family.
- Educational Opportunities: Children gain access to in-state tuition at public universities and are no longer restricted by international student quotas.
- Career Freedom: Spouses and children can work for any US company without the need for a separate work visa.
- Permanent Residency: The Green Card grants permanent residency, allowing the family to live, work, and retire anywhere in the United States.
Working with an experienced EB5 regional center like LCR Capital Partners ensures that all family members are properly included in the immigration plan, providing a seamless transition to a new life in the US and offering a full understanding of the benefits of a Green Card Investment.
