A Olusanjo Omoniyi
Immigration AttorneyThe issue of whether a minor child can file an approvable EB-5 petition or not is debatable for a host of reasons: 1) the competency of the minor to enter a contract, which is largely analyzed base on age; 2) the choice of law on which the contract is based as a contract. For instance, the applicable law to the contract may make such contract voidable simply because the child has not reached 18, the age of majority; and 3) the fact that the court/USCIS may conclude that a minor child does not have the capacity to meaningfully manage a U.S. commercial enterprise as a limited partner. These are just some broad rules of laws to look at before you proceed. In your case, a 12-year old may not be able to meet some, if not all, of these governing laws. Thus, unless a careful legal analysis is done before you sign either the subscription agreement or form I-526 petition, your petition may be deemed unapprovable by the USCIS. Advisably, prior to proceeding further on your plan, consult an EB-5 attorney for in-depth analysis covering, including but not limited to, conflict of laws, immigration laws and securities laws relating to both the U.S. and India.
