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Is it still possible for a Vietnamese 17-year-old dependent to get a green card through EB-5 now?

My parents want to apply for EB-5 to get green cards. I am 17 now. The waiting time for Vietnamese applicants seems to be four years. Even with the help of the Child Status Protection Act, is there a possibility that I will age out by the time a visa number is allotted to us? What are the current adjudication processing times?

Answers

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    Phuong Le

    Immigration Attorney
    Answered on

    The safest way would be for the 17-year-old to apply as the principal investor. That's about the only way you can currently guarantee you will not age out.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is highly advisable that you file as a principal EB-5 investor under current guesstimates. Once you receive U.S. citizenship, you can always apply for your parents to immigrate as immediate relatives under current law.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Unfortunately, it could leave a 17-year-old out. I have heard of attorneys telling clients that any child over 16 is at risk.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The estimated waiting line is longer and the child should file as a principal to be safe. If, however, there are changes, the child might be eligible but not based on current estimates.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Under the current rules, it is possible as a 17-year-old to get a green card through EB-5. Although the waiting period for Vietnam is getting longer but, once a petition is filed as soon as possible, you will qualify to earn a green card.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, while the 17-year-old dependent of a Vietnamese family may still qualify as a dependent through their parents' EB-5 investor petition, it is not certain. As you indicated, under the Child Status Protection Act, the time it takes to adjudicate the EB-5 petition is subtracted from the age of the child. Given the fact that it may take as long as two years before the petition is approved, the dependent 17-year-old would likely have a five-year period in which to acquire permanent residency. But, there is a possibility that the dependent child could still age out. As of now, the backlog under the quota for Vietnamese nationals could be as long as seven years. If the petition is being filed primarily to benefit the 17-year-old, it would be better for the 17-year-old dependent to be the petitioner.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    As of yesterday, the visa number control office is telling us that the likely wait for Vietnam is closer to seven years instead of just four. Thus, without some visa number relief legislation passed by Congress, the chances are rather high that you would age out before your parents could get their green cards.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    It is possible you might age out, given the backlog in the EB-5 program for Vietnamese applicants. I think if USCIS is taking up to 24 months to approve cases, you could subtract those 24 months from your age. If you are 17 now and the quotas stay at four years behind, you would be 21 at the time of the EB-5 approval but only 19 due to the subtraction of the two years from your age. You would be OK. But if the quota go back two more years, you could age out.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Processing times are anywhere from 10 months to 25 months (with 25 months being the official stated processing time by USCIS). It is impossible to predict the behavior of the Visa Bulletin. Anyone who says otherwise is guessing.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no statutory age requirement for EB-5, but you would need to show "legal capacity" to enter into an agreement for investment agreement, etc. You may have to obtain a guardian/parent consent and have your parent co-sign the agreements.

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