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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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Answers

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It depends on which country/area you or your wife was born in. If the country/area is subject to a cut-off date, such as mainland China, India and Vietnam, then maybe not. If born in another country/area, you or your wife might be able to complete the process and have your daughter, who would be over 21 years old by then, be included as a dependent on your case under the Child Status Protection Act. If you are from an over-subscribed country, you might consider making your 20-year daughter the EB-5 investor.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It depends on where you are from. Mainland China, India, or Vietnam? If so then it is risky. Anywhere else could be OK. However, if you are really just doing this for her and her alone, just have her become the investor. Gift her the funds.

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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.