How can I get a refund of my EB-5 investment since my child is going to age out because of the reauthorization lapse?

Your agreement with the regional center determines if you will be able to get your investment refunded.

That is going to depend on the language you agreed to in the PPM and other offering documents. Many projects disclaimed various risks, such as the lapse or elimination of the EB-5 program itself.

If the I-485 was filed then should be protected. If stalled at the I-526 stage, then you are correct.

You should read the PPM and related sub-docs. In them, you should find disclosures that would prevent you from winning such a suit.

It is very important to look at the subscription agreement and other contracts you signed as to the terms of the investment. Usually, the investment involves a 5-year loan and the money can only be returned when the loan matures. If the Regional Center refunds the money outside the scope of the agreement, some feel this could even impact other investors because the investment is not deemed "irrevocably committed." If the investment provides for a refund if the I-526 petition is denied, or if the child ages out, then the age-pout would automatically trigger the refund. Like any investment, this is governed by the terms of the agreement. Also, not sure how the program lapse has led to an age-out because even if your child is 21, they have not necessarily aged out. You get to deduct the time the petition is pending from the age of the child, provided a visa number is available and your country is not backlogged.