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How can a 20-year old Indian dependent child get green card through EB-5?

My parent applied for EB-5 for our family in November of 2018. I will turn 21 in May this year. Will I get a green card as a dependent of this EB-5 application? We are from India.

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, you should be able to get a green card. Under the CSPA, your age has been frozen the moment your parents apply. However, upon approval, your parents must file the necessary application within one year to secure a green card for you.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If the case is approved and your priority date is current upon approval, you can seek to acquire or freeze your age by filing an adjustment under chart A, the Final Action Date, or by filing the DS-260 and paying the fee bill. But again, this only freezes your Child Status Protection Act age if you are under 21 years at the time of approval. You are allowed to deduct the time the petition was pending.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends on how long the I-526 is pending and when the priority date becomes current. The Child Status Protection Act governs.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    If the I-526 petition was filed before you were 21, your age is frozen during pendency of I-526 petition. You should be protected under Child Status Protection Act to apply for an immigrant visa in a timely manner. However, if immigrant visa numbers become retrogressed for Indian nationals, it is possible you might age out. Consult an experienced immigration attorney to run CSPA calculations and advise you further.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Very hard to tell, as there are competing factors in your case. If you were not from India, which is expected to be on the verge of retrogression sometime this year, but from another country which does not expect to experience retrogression anytime soon, then you would have most likely been OK as long as your parents file the I-526 application before you turn 21. Since they did exactly that it would have worked out just fine. This is because when parents file the I-526 application, their dependent children's age is frozen. Therefore, even if the children's age at the time of I-526 approval is higher than 21, it does not matter. What does matter, though, is that the adjustment of status to the conditional green card application needs to be filed within one year of the I-526 approval. If there is retrogression, this application is delayed. As a result, you would "age out." In short, if, as expected, India experiences retrogression in the summer, you will most likely age out and will need to file on your own, provided that you have the financial wherewithal at the time.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    As long as the I-526 is filed before you turn 21, you will remain eligible to go through the process with your family. That said, many expect visa availability to be delayed for Indian investors and others, similar to what we have seen with Chinese investors. If that delay is as long as the Chinese delay, it may affect your ability to remain part of the process. It is hard to tell at this point, but you should get that I-526 filed as soon as possible.

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    Charles Foster

    Immigration Attorney
    Answered on

    The fact that your parent filed an EB-5 Petition on Form I-526 and you are a 20-year old dependent may still give you hope. Under the Child Status Protection Act, the time that the petition of your father is being held up due to the adjudication backlog, the adjudication is subtracted from your age. Thus, when the petition is approved, even if you are over 21, you would still be eligible to apply for an immigrant visa or adjustment of status, provided an EB-5 visa number is available under the quota for Indian nationals. That would be the real problem. If visa numbers are not available, you may need to qualify independently through your own EB-5 petition on Form I-526 or through a family or employment-based petition.

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    Robin J Gray

    Immigration Attorney
    Answered on

    As long as your parents submitted the I-526 prior to you turning 21, you will be eligible for the green card.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    If EB-5 visas for Indian nationals backlog as predicted, you will most likely age out before a visa becomes available and thus be ineligible as a dependent of your parents.

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    Stephen Berman

    Immigration Attorney
    Answered on

    You could get one. The time the visa application is processing may be deducted from your age, thus keep you under 21.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    You may age out if we have retrogression. I suggest you discuss this with your investment immigration attorney. If financially possible you may want to consider filing your own EB-5 application.

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