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What is the minimum age for a minor to file an EB-5 petition?

What is the age of the youngest EB-5 principal applicant that you know of? As an Indian national, I want my 12-year-old son to get a green card through the EB-5 program, but I do not want him to age out.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The 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.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    We have filed for 12- and 13-year-olds, but only recently. We do have approvals for 14- and 15-year-olds. The documents must be done correctly to show the subscription agreement is binding.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    I have done cases for minor applicants as young as 16. But if you file for him now, he will be much older when his quota number is approved.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    That depends on the state law for entering into contracts. If a state lets a minor enter into a contract with parental consent, it may be OK.

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    Charles Foster

    Immigration Attorney
    Answered on

    No minimum age, but the age of 14 is the age allows a minor to sign for themselves; the older the minor is, the stronger the case.

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