+1-800-997-1228
Questions & Answers

Can I get green card as an EB-5 dependent if the petition is filed one day before I turn 21?

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

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    Not impossible if you are not from a country subject to visa retrogression.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    Probably, but you must also seek to acquire the visa within one year of it becoming available to you.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Provided 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.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The answer to your question is yes, assuming no priority date cut off or retrogression.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Provided 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.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If 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.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.