Can I get green card as an EB-5 dependent if the petition is filed one day before I turn 21? - EB5Investors.com

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

BoBi Ahn

BoBi Ahn

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Answered on

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

Lynne Feldman

Lynne Feldman

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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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.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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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.

Fredrick W Voigtmann

Fredrick W Voigtmann

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

Salvatore Picataggio

Salvatore Picataggio

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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.

Mark AM Catam, Esq

Mark AM Catam, Esq

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Answered on

It is possible.

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