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What are the solutions for Indian investors whose dependents might age out due to the retrogression?

I am an Indian investor. I invested on Dec. 6, 2018, with my I-526. My son is 17 years old now. Will he age out due to the retrogression? What should we do?

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Nobody knows the answer to this, but we can give some advice. First, he likely has about six years of protection: four years until age 21 and about two years while the petition is pending. In October 23, 2018, the State Department unofficially was estimating about 5.8 years, so he might be right on the cusp of safety. Hopefully Congress will remove the 7% per-country limitation. That would solve the problem. Or Congress will remove derivatives from the country, and then he is safe. The only other thing you can do is withdraw and gift to him as the principal, but it's too close to call.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It is possible your child may age out. One option is for him to file his own I-526 petition if feasible. Other options include to explore non-immigrant visas, such as the F visa and then a work visa (H or L) that will allow for employment-based immigration. Alternatively, marriage-based immigration may be an option.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    He most likely will not age out based on the information you provided, but would need more detail on the status of I-526, etc.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Depends on your actual goal. Many investors only really care about their kids getting the green card, so if that is you, wait until he turns 18 and have him be the investor. Or, get him an F visa now to get him in school and work on U.S. employment options.

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    Mark AM Catam, Esq

    Immigration Attorney
    Answered on

    Your son should file his own I-526.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Given the information we have now, I don't believe your son will age out. If you don't wish to take any risk, your son could file his own I-526 petition.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    It is not clear at all that due to retrogression, your son who is only 17 years old now will age out. Remember, when you applied for the EB-5 and filed the I-526 petition on Dec. 6, 2018, your son's age was frozen then. When your I-526 petition is approved his age will be unfrozen. But he will still have at least four years then before he ages out. Based on USCIS authorities' ultra-conservative predictions, you are right to worry about your son aging out. That said, the market consensus is that you should get your conditional green card within five to six years, at the latest. It appears like if the I-526 approval period within that time period takes at least two or more years, your son should be safe.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Your child will not be aged out.

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    Charles Foster

    Immigration Attorney
    Answered on

    Given the fact that you filed your EB-5 petition on Form I-526 in December 2018, and your son is 17 years old, it is somewhat likely that he will age out before a visa number is available. Your options are somewhat limited. The best option for the entire family is for your son to file an I-526 petition in his own name. It is critical to make that decision soon, given the growing backlog, and the fact that it is somewhat likely that in the near future, the minimum $500,000 investment by regulatory change could be doubled to $1 million or more.

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