We are a legally married same-sex couple from Spain who have two adopted children. How can we apply for EB-5 as a family? Does the United States accept these kind of scenarios when it comes to immigration? Do we have the same rights as everyone else?
Answers
Lynne Feldman
Immigration attorneysYes, you have the same rights as any other married couple.
Karen-Lee Pollak
Immigration attorneysYes, same sex marriages are recognized in the USA and you can apply for an EB-5 for you and your spouse and children under 21.
Linda Liang
Immigration attorneysIf you are talking about an EB-5 petition, your legal spouse can be listed in the form. Whether it is a same sex marriage has no bearing on the validity of the petition.
Fredrick W Voigtmann
Immigration attorneysYes, if the marriage/adoption are legal where they occurred, the United States will accept same sex couples and adopted children as dependents.
Bernard P Wolfsdorf
Immigration attorneysYes, the U.S. accepts same sex marriages if legally undertaken in a country where same sex marriages are permitted.
Phuong Le
Immigration attorneysLove is love. Same sex couples have the same rights as everybody else. I-526 petition is fine.
Irina A. Rostova
Immigration attorneysSame-sex marriage has been recognized in the U.S. since 2013. You can apply for EB-5 as a married couple. The adoptions are always scrutinized for immigration purposes (because a lot of people "adopt" their nephews and other family members for U.S. immigration purposes). So just be prepared to show a lot of documentation for the adoptions as well.
F Oliver Yang
Immigration attorneysYes, you would enjoy the same rights as long as you have a legal marriage. Adopted children need to satisfy certain requirements to be included in the green card process. If you have the proper paperwork, it is likely that they would qualify.
DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.