Question:
Can a person just file EB-5 for his wife and child since he can't file for himself because of work? If I invest the money, can my wife and child get the visa? Once my wife and child get their temporary green card, can I come to visit on a visitor's visa?
Answers:
You can have your wife become the investor and therefore your wife and child will first become conditional permanent residents. Of course if you need to live and work in your home country you will be able to visit your wife and child in the U.S.
The EB-5 visa and approval of the USCIS I-526 petition is tied to the actual person making the investment of personal investment funds. You can provide those funds to your wife as a gift, and she could be the investor with these funds. Then, she can list your children (under the age of 21) as derivative beneficiaries. You could also be listed as a derivative beneficiary or, if you have no intention to ever join your wife and children in the U.S. permanently, you could visit on a visitor visa (though there may be issues with binding ties to your home country if your family lives in the U.S.!).
As you can see, there are many aspects of a U.S. Immigration plan that are best reviewed and analyzed by experienced U.S. Immigration counsel, like the attorneys at our law firm.