I see that the US government is making it more complex for children who turn 21 years old to get the green card as dependents of their parents. My son is 17 and I am planning to apply for the EB-5 visa next year, when he turns 18, so he can go to University there while we wait for the visa. He probably will turn 21 while we are still in the process. Will he still qualify?
Answers
Bernard P Wolfsdorf
EB-5 Immigration attorneysIf you file an adjustment under current rules, his age is frozen provided the case is approved.
Lynne Feldman
EB-5 Immigration attorneysThere are complicated rules regarding children aging out. But, if you apply when he is under 21 and process without delays, he should be able to qualify under the Child Status Protection Act (CSPA) even if he is over 21 when his conditional residence is approved.
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