EB-5 Visa Program Allows for Citizenship of Parents and Children Studying in the US

Eric Nkom May 17, 2024

0 9 4 minutes read

EB-5 Visa Program Allows for Citizenship of Parents and Children Studying in the US

Parental options to remain near their children while they are studying in the US are provided by the EB-5 program. The EB-5 program allows parents to relocate to the US, even though the F1 visa only permits the entry of spouses and children. (FE Online)

In 2022–2023, there were over a million foreign students enrolled in US universities. The US boasts a large number of top-tier colleges, according to the World Wide Ranking, which is not surprising.

For young people, American education brings up a whole new universe of possibilities. Watching your child cross the seas to begin this new chapter in their lives is not as simple as it may seem, even though every parent is thrilled to see their child accepted into a US institution. Distance and time differences make it hard for families.

What if parents could travel to the US with their kids and remain in closer contact with them?

It’s not simple; the F1 visa only permits the entry of spouses and children on a Dependent F2 visa; however, parents may also choose to immigrate to the US by way of the EB-5 program. In addition to enabling parents to remain with their child, the US investment immigration program known as EB-5 has been in place since 1990 and offers entire families a Green Card as well as a direct route to citizenship.

Costs of the EB-5 program

The initial investment is $800,000, plus extra non-refundable costs ranging from $100,000 to $200,000. At least ten new jobs must be created by the investment. You have two options: either start your own company or, like most investors, invest through a Regional Center, which handles all paperwork, keeps an eye on the projects, and represents the interests of international investors in the project.

When ought one to begin?

The primary investor, their spouse, and any under-21 children are covered by a single application. It is advised to start at least a few years in advance to prevent children from growing up during the visa application process, even though you can apply and the age will be frozen during your application review time. which, in the case of Indians, may easily take a few years.

Therefore, you should preferably begin when your older child, whom you wish to include in the application, is between the ages of 17 and 18, if you want to include your child, who is a student, and the rest of the family in one application. Of course, you can also begin earlier; in this scenario, your chances of receiving a scholarship may be increased and your tuition costs may be lowered.

However, it is generally advised that you apply at least a year before your child turns 21. If your child is older, you should carefully discuss your options with your immigration attorney at the time you plan to submit your application. You should also be prepared that your child may lose their place in the application if there is a backlog, delays, or other issues, in which case you will need to make an additional investment to cover them separately.

Green Card obligations

It’s crucial to realize that if you file for an EB-5 for your entire family, you will need to reside in the US after receiving your green cards. You will also need to pay taxes on your worldwide income. If you have a business in your home country that needs your attention and incurs additional US tax, this might be a significant hardship.

When a family is ready to move to the US permanently, the working spouse may join their partner who is already there. For other families, the option may be to move forward with a Green Card for a non-working spouse, typically a mother, so they reside in two countries initially.

How long does the EB-5 program take to receive a Green Card?

Obtaining your Conditional Green Card is the first step in the EB-5 program, and applying for a Permanent Green Card is the second. Depending on your luck and the project you select, it may take one to four years from the time you submit your application until you receive your conditional green card. It may take five to eight years from the beginning until you receive your permanent green card.