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Is it a good idea to add children who are almost 21 years old to an EB-5 application?

My twins are 20 years and 3 months old now. We want to apply for EB-5. Is it a good idea to add them to our I-526 application? Will they age out? We are from Taiwan.

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you file with competent counsel, it is possible they will be included, provided Taiwan does not backlog.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    If you apply before they turn 21, then their age is "frozen" for the length of time it takes the immigration service to approve your EB-5 petition (usually 12 to 24 months). So if you time it properly, you might be able to get them green cards also.

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    Barbara Suri

    Immigration Attorney
    Answered on

    The application requires you to list all your children.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    If you are from Taiwan, it is a good idea to include them; they are likely to be considered dependents under the Child Status Protection Act (CSPA) if you meet the requirements. Check with an experienced immigration attorney to make sure they will qualify under CSPA.

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    Sally Amirghahari

    Immigration Attorney
    Answered on

    As long as you file your I-526 petition and receive a notice from the USCIS prior to your children's 21st birthday, then it would be OK.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Absolutely.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    If the objective is for them to immigrate with you, there is no reason not to include them in the I-526 petition. If you file before they turn 21, their age will "freeze" while the I-526 is pending and as long as you seek to pursue the green card within a year after the I-526 approval, as evidenced by paying the visa fee bill, they will continue to be eligible to immigrate, as they would be protected by the Child Status Protection Act (CSPA). This assumes Taiwan does not retrogress, which there is no present sign of. Depending on timing, even if Taiwan retrogresses, the children may still be protected. It is best to consult with an expereinced EB-5 lawyer who is familiar with CSPA.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should disclose information in your I-526 even if children are not going to immigrate as your derivative beneficiaries. Any time an I-526 petition is pending is subtracted from your children's biological age as long as you file before they turn 21. Assuming no backlog for immigrant visa in the future, your children may be protected under Child Status Protection Act and able to immigrate with you if DS-260s are filed in a timely manner for them during the consular process. Please work with your immigration attorney to discuss this and do a CSPA calculation.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    They should be fine. Their age will be frozen during the I-526 processing.

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    Phuong Le

    Immigration Attorney
    Answered on

    Provided they don't age out and you file in time, there shouldn't be any harm in including them.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Absolutely! You have nothing to lose. First of all, as you must know, the moment you file your I-526 application their age will be frozen. Once you get the I-526 approval, if there is still no retrogression for candidates born in Taiwan, you should be able to apply for the conditional green card pretty much right away by adjusting status. Typically, the process moves faster through a consular interview. Hire a competent immigration attorney right away and start the process without losing any more time. In the unlikely case that you do hit retrogression by the time your I-526 is approved, if your date happens to be current, you will still be OK. By refraining to add your twins to your application, in a sense you would be excluding them for sure.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    It is a good idea to include your children under the age of 21.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Since you are not subject to retrogression it is possible that they can be covered and get conditional permanent residency with you, but it may require some reminders to the NVC and consulate that it's OK.

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    Charles Foster

    Immigration Attorney
    Answered on

    It's impossible that your 20-year-old twins could age out and you should clearly include your children. They may or may not age out, depending upon the time the I-526 petition is pending. Under the Child Status Protection Act, you can subtract the amount of time it took for the I-526 petition to be adjudicated from their age. Since you're from Taiwan, there's no backlog under the quota, and there would be a reasonable possibility that your twins can also be issued their immigration visa as your dependent children.

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