We filed our I-526 petition just one day before I turned 21. I am the dependent. Do you think I can get the green card if there is no retrogression for my country of origin?
Answers
BoBi Ahn
Immigration attorneysNot impossible if you are not from a country subject to visa retrogression.
Lynne Feldman
Immigration attorneysProbably, but you must also seek to acquire the visa within one year of it becoming available to you.
A Olusanjo Omoniyi
Immigration attorneysIf the petition is filed and acknowledged by the USCIS before you turn 21, yes, you can get your green card. The law, the Child Status Protection Act (CSPA), allows children who turn 21 while EB-5 is pending to have their age frozen throughout the period. Once their I-526 petitions are approved, each child must either apply for subsequent adjustment of status or file DS-260 application for consular processing within two years. This opportunity favors largely children who are not from countries with retrogression.
Bernard P Wolfsdorf
Immigration attorneysProvided you not from a backlogged country, you can do it but you need to understand the seek to acquire provisions and take the necessary steps to freeze your age upon approval of the petition. It is doable but needs diligence.
Fredrick W Voigtmann
Immigration attorneysThe answer to your question is yes, assuming no priority date cut off or retrogression.
Salvatore Picataggio
Immigration attorneysProvided there is no retrogression, yes, you should remain a dependent. If you later retrogress and have to wait for the green card, time spent waiting after I-526 approval will count against you, but the time spent waiting for I-526 approval will not.
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.