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How can my 20-year-old daughter get a green card through the EB-5 program?

My daughter just became 20 years old last month. If my husband and I file an EB-5 application now and add her as a dependent, will she be able to get a green card?

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    Charles Foster

    Immigration Attorney
    Answered on

    Maybe she can, as the time it takes the CIS to adjudicate the EB-5 petition can be subtracted from her age at the time she applies for immigrant visa or adjustment of status.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, she will be able to obtain a green card. It appears your question goes to the issue of aging out. However, the Child Status Protection Act (CSPA) protects children like your daughter from aging out. Thus, if you file your petition before your daughter becomes 21 years old, her age will be frozen, even though she may be over 21 while the petition is pending. Further, be aware that the frozen will continue to be in place two years after the I-526 has been approved. Advisably, consult with an immigration attorney on further details and analysis of your case.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Probably, but it depends on your country of birth.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Yes, she will be protected, provided that you take steps to freeze her age under CSPA and your visa is not chargeable to a country that is currently or in the future an EB-5 backlogged country. Current backlogged countries/areas are mainland China, Vietnam and India.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    You should file as soon as possible. Upon the filing of the I-526, the age of your daughter will be frozen and covered under the Child Status Protection Act while I-526 is pending. Provided you are not from a backlogged country, you should be fine.

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