USCIS has clarified the requirements for adopted children to qualify as derivative beneficiaries on EB-5 petitions, emphasizing stricter rules than many families anticipate. These requirements must be met for the adopted child to be included in the petition process.
Key Details:
- Adoption must occur before the child turns 16, with limited exceptions for siblings.
- The child must have been in legal custody of the petitioner for at least 2 years prior to the petition.
- The child must have resided with the petitioner for at least 2 years before the petition.
- Legal custody and residence requirements do not need to overlap perfectly, but both must be satisfied.
This clarification is crucial for families planning to bring an adopted child along with their EB-5 petition, as many may not be aware of the necessary documentation and timelines involved.
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Source: Matthew Khalili