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Can EB-5 cover adopted children?

Yes, an adopted child may be a dependent on the EB-5 petition, provided the adoption is legally recognized and the child meets the program's definition of child. Check the criteria at USCIS.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 11, 2026
1 min read
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Yes. The EB-5 allows the investor to immigrate together with their immediate dependents, and an adopted child may be included in the petition as a dependent. The key point is that the legal bond must be formally recognized.

For this, the adoption must have been completed in accordance with the laws of the place where it occurred and must be recognized as a legitimate parent-child relationship. In addition, the child must meet the definition of ‘child’ adopted by the program, which involves criteria such as marital status and age range established by immigration law.

This bond, whether through adoption or other forms of family relationship, is evaluated on a case-by-case basis under United States immigration rules, considering both the immigration side and the local laws governing adoption.

Because each situation has its own particularities, check the updated criteria at the official source (USCIS) and seek guidance from an immigration professional before including a dependent, avoiding promises of quick or guaranteed results.

Learn more about EB-5

Type
Investment Green Card
Min. investment
US$ 800,000
Jobs created
Minimum 10 (full-time)
Processing
24-48 months
All about EB-5

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.

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Can EB-5 cover adopted children?

Yes, an adopted child may be a dependent on the EB-5 petition, provided the adoption is legally recognized and the child meets the program's definition of child. Check the criteria at USCIS.

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