An expected grandchild may not be included as an EB-5 derivative beneficiary. In accordance with the EB-5 program’s regulations, only the EB-5 investor’s direct family members, including their spouse and unmarried children under the age of 21, may be included as derivative beneficiaries.
If the EB-5 investor’s unmarried daughter is expecting a child, there are limited immigration options for the unborn child. However, once the EB-5 investor’s daughter becomes a lawful permanent resident, she may petition for her child by filing Form I-130, Petition for Alien Relative.
Filing Form I-130
While the unborn grandchild may not be included in the EB-5 investor’s I-526 petition, once the I-829 petition has been approved and permanent resident status has been granted to the primary investor and their derivative beneficiaries, the EB-5 investor’s daughter may petition for lawful immigration status for her child.
Filing Form I-130 will entail providing the necessary information and supporting documentation that proves the existence of a legitimate familial relationship between the petitioner and alien relative. In this case, the EB-5 investor’s daughter, as the mother of the alien relative, her child, will be required to submit a copy of her child’s birth certificate showing her name and the name of her child. Furthermore, the EB-5 investor’s daughter will need to prove her lawful permanent resident status. To do this, she must file her petition with a copy of the front and back of her Permanent Resident Card, also known as Form I-551. If the EB-5 investor’s daughter has not received a physical copy of her PR card yet, she may append copies of her passport biographic page displaying admission as a lawful permanent resident.
If the EB-5 investor’s daughter has already become a U.S. citizen at the time of filing Form I-130 for the investor’s grandchild, she must prove her U.S. citizenship by submitting either her U.S. passport, certificate of citizenship issued by United States Citizenship and Immigration Services (USCIS), or an original letter of verification from a U.S. consular officer.
It is critical for the EB-5 investor’s daughter to petition for her child; petitioners of Form I-131 are not permitted to file for grandchildren, which would exclude the EB-5 investor from petitioning for their daughter’s child when the child has been born.
