Questions and Answers > Other Eb-5 Questions

What happens to rgw EB-5-based green card of my son when he turns 21 years old?

I have done my research on many investment immigration programs. I know for some countries, when a dependent child reaches a certain age, he or she would lose the permanent residency and have to start another application on his or her own. Is this the case for the EB-5 program? If my son obtains his green card through EB-5, when he turns 21, will he lose his green card?

Answers

• Salvatore Picataggio

  Immigration Attorney

  Answered on September 30, 2019

  You have to get the first petition to USCIS before he turns 21, and that should keep him part of the process until obtaining the green card.

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on September 30, 2019

  If your son is 21 and has his green card, he does not lose it. He could be ineligible derivatively if he turns 21 before you, the parent, get your green card.

• BoBi Ahn

  Immigration Attorney

  Answered on September 25, 2019

  No, he wouldn't lose his already approved lawful permanent resident status (which he gained as a a dependent) when he turns 21.

• Daniel A Zeft

  Immigration Attorney

  Answered on September 25, 2019

  If your son becomes a permanent resident because he is the dependent child of the EB-5 investor, then he will continue as a permanent resident after he turns 21 years old.

• Lynne Feldman

  Immigration Attorney

  Answered on September 23, 2019

  Not if he already has at least the two-year green card.

• Charles Foster

  Immigration Attorney

  Answered on September 23, 2019

  If your son obtains his conditional lawful permanent residency through the EB-5 investor program, he does not lose it when he turns 21.

• A Olusanjo Omoniyi

  Immigration Attorney

  Answered on September 23, 2019

  If your son obtains the green card under the EB-5 program, he won't lose it when he reaches the age of 21. Advisably, seek more information from an EB-5 attorney on the issue of aging and EB-5, particularly as it relates to children of investors. The issue is that under certain circumstances, children can age out, but it depends on various factors and it may not be applicable to you. So, talk to an EB-5 attorney and disclose all the relevant facts unique to your case for an in-depth analysis.

• Marko Issever

  EB-5 Broker Dealer

  Answered on September 23, 2019

  I believe you must be referring to the "aging-out" concept. This happens when the EB5 investor's I-526 petition is approved, but due to retrogression, as is the case for mainland China, Vietnam and India-born applicants, the investor cannot move to the next step and apply for the conditional green card until the priority date becomes current. In that case, the dependent's age that was frozen at the time of I-526 filing is unfrozen. If he/she needs to wait a period more than 21 minus his/her exact age at the filing of the I-526 petition, then the dependent could age out and might have to file on his or her own. Otherwise, if a dependent obtains a conditional green card while he is still eligible to get it and then he gets "older", that in itself is not a reason to lose the green card at all. I hope this clarifies your question. If not, please pose your question to a qualified immigration attorney. They should be able to elaborate on our answers.

• Hassan Elkhalil

  Immigration Attorney

  Answered on September 23, 2019

  No, he will not lose his green card.