Questions and Answers > EB-5 Requirements

What are the EB-5 family restrictions for immigration?

Can my dependent child (Mentally not fit) of age 23 accompany under EB5 visa?

Answers

• Reza Rahbaran

  Immigration Attorney

  Answered on January 20, 2014

  Unfortunately, your son is not eligible to accompany you under EB-5. Once a person turns 21 years of age, he/she is not considered a child for immigration purposes.

• Roberto Ortiz

  Immigration Attorney

  Answered on July 12, 2013

  Unfortunately, your son will not qualify due to the fact that he is over 21 years of age. According to Immigration Law, once a person turns 21 he is not considered a child for purposes of Immigration.

• Mahsa Aliaskari

  Immigration Attorney

  Answered on July 9, 2013

  At this time only children who are under 21 years of age qualify as dependent family members eligible to obtain permanent resident status with a parent.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on July 1, 2013

  No. Unfortunately, the immigration law allows only spouses and children under age 21 to be considered dependents. You should consult with an experienced immigration attorney to see if there are any other options for your 23-year old.

• Shahzad Q Qadri

  RC Creator

  Answered on July 1, 2013

  Child has to be under 21 to accompany the parents on their petition.

• Boyd Campbell

  Immigration Attorney

  Answered on July 1, 2013

  No. Children must be younger than 21 years old at the time you file your I-526 petition. Your child may qualify for humanitarian parole.

• Rachel Lew

  Immigration Attorney

  Answered on July 1, 2013

  No, the dependent age cutoff for EB-5 immigrant petition is age 21. You child cannot accompany you on your EB-5 petitions.

• Margo Chernysheva

  Immigration Attorney

  Answered on July 1, 2013

  Unfortunately because your defendant son or daughter is over 21, he/she does not qualify under dependent child. However, as soon as you receive your Legal permanent resident status, you can apply for a I-130 application for him/her and then ask for advance parol (ability to wait for their visa in the US). And USCIS has been good for granting such a relief in cases like yours.

• Karen Weinstock

  Immigration Attorney

  Answered on July 1, 2013

  Unfortunately not, only children under 21 can be derivatives under EB-5.

• Jeffrey E Campion

  Immigration Attorney

  Answered on July 1, 2013

  The question you raise is challenging. Your child technically is at the age of majority and for CIS that should be fine. At the same time, we don''t know whether CIS would agree that your child has the capacity to assent. So, it is a challenge.

• Hendrik Pretorius

  Immigration Attorney

  Answered on July 1, 2013

  Unfortunately qualifying family members only include spouses and those children who are under 21 and unmarried. Note that the I-526 must be filed prior to a child turning 21.

• Jinhee Wilde

  Immigration Attorney

  Answered on July 1, 2013

  Any immigration, including EB-5 is available to the immediate family: husband, wife and children under 21. Thus, your child of 23 cannot accompany you and must be separately petition as a unmarried adult child of LPR after you get your green card. There is no exception to this age limit for mentally handicapped person.