If my son gets married after applying with EB-5, does he lose his dependent status?

The EB-5 process is a tool that allows foreign investors, and their eligible dependents, to obtain permanent residency in the United States through a qualified investment. In the case of dependents, usually unmarried children under 21 years old, it is important to understand the specific rules to maintain their eligibility throughout the entire process.

Generally, for a child to be included as a dependent in the EB-5 petition, he or she must remain unmarried throughout the visa processing period. If the child gets married after having been included in the petition, this change of marital status can affect his or her eligibility to continue being considered a dependent. This is because U.S. immigration law establishes that the dependency benefit in the context of EB-5 is limited to unmarried children.

Thus, marriage may result in the loss of this status, requiring, if possible, a case reevaluation or the adoption of another strategy if there are viable alternatives. It is worth noting that immigration rules can be quite complex and are subject to change, depending on both the interpretation of laws and the specific details of each case.

Therefore, it is essential that interested parties strictly observe the United States laws, verify information from official sources, and exercise caution when dealing with offers promising easy solutions or guaranteed results. Consulting experienced specialists in the field-always through reliable means and with clear information-can help avoid mistakes and losses.

In summary, if a child included as a dependent in the EB-5 petition gets married, he or she generally loses the dependent status because the benefits granted in this category are intended for children who remain unmarried. It is important to monitor each step of the process and ensure strict compliance with legal requirements to avoid future complications.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.