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When does it become too late for a minor who is close to turning 21 to receive a green card through a parent?

My husband, my son and I want to apply for green card through Eb 5 program, but our son will be 21 years old this September. I wonder whether my son can get green card in time?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should consider filing the I-526 as soon as possible and prior to your son reaching age 21. Your unmarried son under 21 will be considered a derivative beneficiary as long as the I-526 petition is filed prior to him reaching age 21. He will also need to pursue application for permanent residence within a year of a visa number becoming available to him.

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    Reza Rahbaran

    Immigration Attorney
    Answered on

    In order for your child to be included as a derivative beneficiary in your I-526 petition, USCIS must receive the petition prior to your son reaching the age of 21. If your son is turning 21 years old in September, it is recommended to retain an EB-5 as soon as possible to begin the EB-5 process as unexpected hurdles could delay the filing of I-526 petition resulting in your son aging out.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    As long as the I-526 is filed before his 21st birthday he will be covered under CSPA in that the number of months the I-526 is pending will be added to his age at the time of filing I-526, provided he seeks to acquire permanent residence within one year of a visa being available to him. Usually this means within one year of I-526 approval (but the sooner the better). Do not delay any longer though.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Based on your facts, you son can get a green card under the planned EB-5 application, but you must file an acceptable application with USCIS before September when he turns 21.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    This is a complex question that requires close analysis. You should consult with an experienced EB-5 immigration attorney who can advise you so that your son can be included in the case. In general, under the Child Status Protection Act, if there is no EB-5 visa retrogression, a 20-year old who does not turn 21 before the I-526 petition is filed will be included in the case. Therefore, if you file your I-526 petition before your son turns 21 and the EB-5 visa numbers do not retrogress, then your son will be protected. You must seek to obtain your green card approval within one year of your I-526 approval, in order for the protection to continue

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    Michael E Piston

    Immigration Attorney
    Answered on

    As long as he is under 21 when your I-526 is filed, his age will not disqualify him from getting permanent residency with you.

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    Ying Lu

    Immigration Attorney
    Answered on

    The I-526 petition must be filed before your son becomes 21 years old. You should file the I-526 as soon as possible if you are from China. Petitioners from China face potential visa retrogression this July or August, which will significantly impact the age-out issue

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    Kyle Barella

    Immigration Attorney
    Answered on

    You must file your I-526 petition before he actually turns 21. It can take a few weeks for USCIS to issue a receipt notice, so to be safe, file at least three weeks before he turns 21.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If your son will be turning 21 in September, you need to invest and file your I-526 as soon as possible, but definitely before September. While the I-526 is pending, the age of a child will be frozen from the time you submit the I-526 petition. Please consult an experienced attorney who is used to dealing with EB-5 cases and age-out child situation.

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    Gregory Romanovsky

    Immigration Attorney
    Answered on

    It is theoretically possible, but very difficult to accomplish. I recommend that you start the EB-5 process as quickly as possible.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Either you or your spouse need to prepare and file the I-526 petition with the USCIS before your child turns 21 years of age. Your immigration attorney will need this time before September to prepare your source of funds to file with the USCIS.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    As long as you file the I-526 before he turns 21, he will remain a derivative beneficiary. Even if USCIS received the application the day before his birthday, he is in.

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