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What is the best way to go about adding children to my EB-5 petition?

Hi, I am an Indian national and I am thinking of investing in an EB-5 project soon. My daughter is turning 18 in 3 months. What are the chances I can add her as derivative beneficiary and have my I-526 approved before she turns 21?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Under current timelines, that should be fine. As long as you file the I-526 before the child turns 21, she could be added as a derivative. Only Chinese investors have to start earlier because of retrogression.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you file the I-526 Immigrant Investor Petition prior to your daughter''s 21st birthday, she could be added to your green card processing as a derivative beneficiary under the Child Status Protection Act.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The Child Status Protection Act will help your daughter be added as a derivative beneficiary if you file the I-526 before her 21st birthday.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Since your daughter will just be turning 18, it appears there is enough time for the adjudication of your I-526 and for your daughter to receive a green card. It is more than likely that your I-526 petition will be approved within 3 years, before she turns 21. However, knowing the approaching age issue, you should ensure you properly file an approvable petition that will not be subjected to numerous Requests for Evidence, which may cause delays in the adjudication of your petition. I would advise you to consult an experienced EB-5 attorney who can guide you through this process.

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    Irina Rostova

    Immigration Attorney
    Answered on

    The I-526 does not need to be approved before the child turns 21 years of age. The I-526 only needs to be filed before his or her 21st birthday in order to qualify for the Child Status Protection Act.

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    Charles Foster

    Immigration Attorney
    Answered on

    You should file your EB-5 Investor Petition on Form I-526 as soon as possible once you have made a sound investment decision. Given the fact you are from India and there is no backlog, your daughter should not have any problems. She will be deemed your dependent until the age of 21 and you all should have acquired your Permanent Residency on a conditional basis by such date.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you choose a good project and good lawyer it should take only about 2 years. Also, she has about four years to be included, as you can add the time the petition was pending to her age.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Ages are frozen in time while the I-526 is pending, so your daughter should be able to be your derivative if the visa numbers are available for India at the time your petition is approved. However, if the visa numbers become limited later while your petition is pending, then the chance you daughter has to be added could be in jeopardy. Thus, the sooner you start this process the better, as this will give your daughter more years to be able to join you as a derivative.

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    Matthew T Galati

    Immigration Attorney
    Answered on

    It is sufficient for your attorney to add her name to the cover letter. Under the Child Status Protection Act (CSPA), provided that you file before she turns 21, she should be able to get a Green Card, even if it arrives after she turns 21.

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    Abhinav Lohia

    Immigration Attorney
    Answered on

    Per the usual timeline for non-Chinese investors, the likelihood of you getting an approval of the application of conditional green card and adding your daughter are very high. It takes approximately 16 months to get an approval for Indian investors. After this, you start consulate processing and, at this stage, you add your dependents. She is more than covered in terms of the timeline.

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