Questions and Answers > Other Eb-5 Questions

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

  Immigration Attorney

  Answered on March 26, 2020

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

• Lynne Feldman

  Immigration Attorney

  Answered on March 12, 2020

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

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on March 9, 2020

  It is possible.

• Salvatore Picataggio

  Immigration Attorney

  Answered on March 9, 2020

  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.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on March 9, 2020

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

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 9, 2020

  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.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on March 9, 2020

  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.