How can I add my child later in my EB-5 application?

He can be added as your derivative while he is under 21 – best to name him on the I-526 in any case (You can always decide not to have him immigrate with you). To add him after age 21 would require you or your spouse as a permanent resident to petition for him and this is a very long wait of many years. See the FB-2b category in the current Visa Bulletin.

Your unmarried child can be included in your EB-5 until 21 years of age. Your parents cannot be included in the EB-5 petition. You will be able to petition for your parents only after you become a U.S. citizen.

In the EB-5 visa process, you can include your unmarried child as a derivative beneficiary if they are under 21 years of age at the time of filing the I-526 petition. If your child is not included in the initial application, adding them later can be challenging, especially if they turn 21 before the adjustment of status or consular processing is completed. Here are some key points to consider:
• Child Status Protection Act (CSPA): The CSPA may help protect your
child's eligibility as a derivative beneficiary by "freezing" their age at
the time of the I-526 petition filing. This means that if the I-526
petition is filed before your child turns 21, they may still be considered
under 21 for immigration purposes, even if they age out during the process.

• Filing the I-526 Petition: It is crucial to include your child in the
I-526 petition if they are under 21 at the time of filing. If they are not
included initially, it may be difficult to add them later, especially if
they turn 21 before the visa is issued.

• Student Visa Option: If your child obtains a student visa and later wants
to adjust status based on your EB-5 petition, they must still be eligible
as a derivative beneficiary under the CSPA.

• Consultation with an Immigration Attorney: Given the complexities and
potential for age-out issues, it is advisable to consult with an
immigration attorney.

When you file the petition, you will add your son. Parents are not the immediate family and will not receive green cards. Your son may age out as when he turns 21, he will no longer be considered a dependent and will not receive the green card. You should file asap but since the normal processing time is 2.5-4 years, he won't be eligible for the green card. Let us know if you would like to schedule a consultation.

Best Regards,

Rani Emandi

Emandi Law Firm PC
www.emandilaw.com

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