How can family members on different visas immigrate under EB-5?
I am on an F1 visa with my family. My wife and kids are on an F2 visa. If I apply for an EB-5 visa, could my children and wife travel outside the United States and return whilst the EB-5 visa is being processed? Will there be any issues in the EB-5 application considering that we are on different visas?
Answers
There is a risk for your wife and children to travel. They could have a problem reentering the US if immigration finds out you have filed an I-526. Recommend against.
Spouse and minor children are derivatives to your application. The F-2 Visa, however, is not a dual intent visa, so upon their reentry, they may have issues, as the EB-5 based visa has an immigrant intent to it.
While you could certainly apply for the EB-5, because F2 visa is not a dual intent visa your wife and kids may have issues when reentering the US.
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