Including Family Members in EB-5 Visa – Solana Immigration

The EB-5 Visa program allows investors to include their immediate family members in their visa application. Immediate family members include the investor’s spouse and unmarried children under the age of 21. This guide provides a detailed process for including family members and outlines the requirements and documentation needed.

Detailed Process of Including Family Members in Your EB-5 Visa Application

1. Identify Eligible Family Members

Eligible Family Members:
- Spouse: Legally married spouse of the principal investor.
- Children: Unmarried children under the age of 21 at the time of I-526 petition filing.

2. Include Family Information on Form I-526

When completing Form I-526 (Immigrant Petition by Alien Investor), list your spouse and children in the family section.
Provide accurate names, dates of birth, and relationship information.

3. Prepare Required Documentation for Each Family Member

Spouse:
- Valid passport (biographical page).
- Marriage certificate (official copy with certified translation, if not in English).
- Birth certificate (for identity verification).
- Photographs (passport-sized, meeting USCIS specifications).
Children:
- Valid passport (biographical page).
- Birth certificate (official copy with certified translation, if not in English).
- Photographs (passport-sized, meeting USCIS specifications).
- Proof of legal custody (if applicable in case of divorce).

4. Submit Form DS-260 for Each Family Member

Once the I-526 is approved, file Form DS-260 (Online Immigrant Visa Application) for each family member.
Provide accurate information and attach required documents.

5. Attend Consular Interview (If Applying from Outside the U.S.)

Schedule a consular interview at the U.S. Embassy or Consulate in your home country.
Attend the interview with your spouse and children.
Bring all required documentation for verification.

6. Adjustment of Status (If Applying from Within the U.S.)

If you and your family are already in the U.S. on a valid visa, file Form I-485 (Application to Register Permanent Residence or Adjust Status) for each family member.
Provide supporting documents for each family member.

Requirements and Documentation Needed for Family Members

1. Identity and Relationship Documentation

Valid passports for each family member.
Certified copies of marriage certificate (for spouse) and birth certificates (for children).
Proof of legal custody (for children, if applicable).
Photographs meeting USCIS specifications.

2. Financial Documentation

Proof of financial support (if required).
Evidence that the principal investor has sufficient funds to support the family.

3. Medical Examination

Completed medical examination forms (Form I-693) for each family member.
Medical exams must be conducted by an approved panel physician (outside the U.S.) or a USCIS-designated civil surgeon (inside the U.S.).

4. Criminal Background Check

Each family member (above a certain age, typically 14) must provide police clearance certificates.
Fingerprints and background checks will be conducted.

5. Interview Requirements

All family members may be required to attend the visa interview.
Provide accurate and consistent answers to questions regarding family relationships.

6. Post-Approval Steps

Once the EB-5 Visa is approved, your family members will receive immigrant visas (if applying outside the U.S.) or Green Cards (if applying from within the U.S.).
Ensure that your family members enter the U.S. within the visa validity period.