Can a divorced investor include children from a previous marriage in the EB-5?

Yes. Under the EB-5 program, the principal investor may include as dependents a spouse and unmarried children who are within the age limit established for dependents, and that includes children from a previous marriage.

The key requirement is establishing the legal relationship between the investor and the child, whether biological or adopted. Immigration authorities typically require documents that demonstrate this relationship and the family situation.

• Birth certificate proving the parent-child relationship.
• Divorce decree and any custody agreements.
• Documents confirming that the child is unmarried.

Each family situation has its own particularities and is reviewed on a case-by-case basis. It is advisable to verify the current dependent criteria with the USCIS and seek specialized guidance to gather the correct documentation.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.