Can adopted children immigrate with me on EB-5?

Generally speaking, adopted children may be included in a parent’s EB-5 visa petition if the following three conditions are met:


(1) The adoption occurred before the child turned 16;

(2) the child has been in the adoptive parent’s custody for at least two years; and

(3) the child has physically lived with the adoptive parents for at least two years.


There may be exceptions for each of these elements so it is best to consult with an experienced EB-5 immigration attorney for legal advice based on the specific facts of the case to determine if the adoption is compliant with immigration regulations.

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