Who can be included in my I-526 application?

Can I bring my family to the US if I get an EB-5 Visa?

I’m often asked, “Who can be included in my I-526 application?” or “Can I bring my family to the US if I get an EB-5 Visa?”

The answer is rather simple: the spouse and children under 21 years old can be included in an investor’s petition, but there are some delicate issues.

Common-law Marriages

Frequently we see relationships that are common-law marriages. Common-law marriages are not acceptable in terms of an I-526 petition and eventual applications for conditional residency. The law requires a valid marriage. The marriage can take place, however, after the I-526 petition is approved and before someone’s immigrant visa processes.


In terms of children, the I-526 application must be filed prior to the child turning 21. That preserves – under the Child Citizen Protection Act – the age and locks it in at 21, so the aged out child can still afford protection under the law. The exception is China, because of the country must be filed prior, and that’s a much more complex issue that I’ll discuss at a different time.


You can find me on Google+ or Facebook at Attorney Roger A. Bernstein if you have any EB-5 questions.