Yes, your spouse and children under 21 can apply with you for EB-2 NIW green cards. Learn about dependent visa eligibility, spouse work authorization, and how to add family members to your application.
You got your EB-2 NIW approval. Congrats.But what about your family?Your spouse and children under age 21 will also be able to file I-485 adjustment of status applications once your EB-2 priority date is current as part of your NIW green card application process which will allow them to receive their own green cards Ellis Porter.They don't need separate I-140 petitions. Your approval covers them.Your immediate family members including your spouse and children can benefit as derivative applicants when you receive approval for an employment based green card like EB-2 NIW and can obtain lawful permanent residency status alongside you.This is huge. Your family stays together. No separation. No waiting years to reunite.Ready to include your family in your EB-2 NIW application? Book a consultation with Beyond Border and we'll guide you through adding dependents to maximize your family's success.
Not every family member can join you.Your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-21 and E-22 immigrant status Khandelwal LawNNU Immigration.That's it. Spouse and kids under 21.
Immediate family members in the context of green card applications include your spouse which is your husband or wife regardless of gender and children under 21 years old who are unmarried including biological children, legally adopted children, and stepchildren EB2 NIW Info.Your marriage must be legally valid. For a spouse to qualify the marriage must be valid according to the laws of the place where it occurred regardless of whether it's traditional or same sex marriage LinkedIn.Stepchildren count if the legal relationship existed before they turned 18. Adopted children need proper adoption documentation.This inclusive definition of children is good news for individuals who might be in various family situations EB2 NIW Info.
Certain family members cannot be part of your EB-1A or EB-2 NIW application including grandparents, aunts, uncles, siblings and others who may explore independent visa or green card applications LinkedIn.Your parents? Not eligible as dependents. They'd need their own visa.Your adult children over 21? They aged out. They need separate petitions.While your spouse is eligible to receive a green card as a derivative in your application the children from their previous marriage can only be included if there is a legal stepchild relationship to you the principal petitioner EB2 NIW Info.Common law spouses don't qualify. US visa law does not recognize common law relationships where you will not be eligible for derivative visa status as a partner or fiancée NNU Immigration.Get married legally before filing if you want your partner included.
Yes. Your EB-2 spouse can work.While applying for permanent resident status the spouse of an EB-2 visa holder is eligible to apply for an Employment Authorization Document EB5Investors.They're not stuck at home. They can build careers. They can earn income.
You can also include two free forms based on the fact that you are adjusting your status, Form I-765 for employment authorization and Form I-131 for advanced parole for persons who want to travel outside the US while the application is pending EB-2NIW.Everyone on your EB-2 NIW application who is eligible to work can apply for employment authorization and advanced parole EB-2NIW.The process is straightforward. File Form I-765 with your I-485 package. These documents typically arrive within three to six months of filing CitizenPath based on current processing times.Your spouse after completing the employment authorization documents is eligible to work in the United States Ashoori Law.No restrictions on where they work. Any legal job qualifies. They're not tied to your employer or field.
Your children are eligible to attend school Ashoori Law but not work.Children under E-2 status are not permitted to work in the US though they can attend school but they are not eligible for employment authorization Clearhorizonlegalsolutions. The same applies to EB-2 dependent visa holders.Once they turn 21 or marry, they lose dependent status entirely.Wondering how quickly your spouse can get work authorization? Beyond Border can help you file all forms correctly to expedite your family's employment documents.
Family members applying under the EB2 dependent visa must submit a marriage certificate as proof of marriage for the spouse of the principal applicant, birth certificates as proof of relationship for children under 21, and Form I-485 or DS-260 depending on whether the family is in the US or applying from abroad Khandelwal Law.
Marriage certificate is critical. It must be an official government document.Translation needed if not in English. Use certified translators.If divorced previously, include divorce decrees proving your current marriage is valid.Marriage certificate original, birth certificate for dependant children original, current valid passports, copy of the primary applicant E-2 visa, DS 160 confirmation pages if applying outside the US NNU Immigration shows typical requirements that apply to employment based visas generally.
Birth certificates showing you as a parent. Adoption papers if adopted. Proof of stepchild relationship if applicable.Both the principal applicant and their family members must provide various documents to prove their eligibility Khandelwal Law for the EB-2 visa.Valid passports for each family member. Photos meeting US visa specifications.Medical examination forms. Medical examination fees can range from $200 to $400 depending on the provider with medical exams submitted with form I-693 and there are no longer expiration dates on medical exams Khandelwal Law.
You must prove you can support your family.It is important to determine whether you have sufficient funds to support yourself and your dependents University of Cincinnati.Tax returns, bank statements, employment letters. Show stable income sufficient for family size.Each dependent adds to the financial requirement. Be prepared to demonstrate resources.Confused about which documents you need for your dependents? Beyond Border can provide a customized checklist based on your specific family situation.
Time is critical for children near age 21.The Child Status Protection Act was established in 2002 to protect children who age out meaning they turn 21 while waiting for their case adjudication and the CSPA subtracts the time the application was pending from the child's age to determine eligibility EB2 NIW Info.This is complicated math. But it can save your child's eligibility.
Every dependent adds costs.I-485 attorney fee $2,750 add $2,000 for each dependent spouse or child Ellis Porter shows typical legal costs, though these vary by law firm.Expect to pay additional government and legal fees for each dependent BWEA.Government fees per person include I-485 filing fees, biometrics, medical exams. Filing I-485 costs $1,440 for adults Immi-USA.
Children under 14 pay a reduced fee of $950 Sherrod Sports Visas when filed with at least one parent.Work permits and travel documents add more. Work permits cost $260 and travel documents run $630 per person Manifest Law.Budget realistically. A family of four can easily spend $8,000 to $12,000 just in government fees.Want an accurate cost estimate for your family's EB-2 NIW application? Beyond Border can break down all fees so you can budget appropriately.
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