Questions and Answers > EB-5 Requirements

When in the EB-5 process is a child's age considered?

I have a son who is turning 21 years old in February of next year. If I apply for the EB-5 visa as soon as possible, will my son be qualified to receive his green card? In other words, does the age of my son count for the time that I filed my I-526, or not until I receive my conditional green card? Is my son in danger of aging out? What can I do?

Answers

• Robert Abedi

  Immigration Attorney

  Answered on March 25, 2014

  I think you may have a problem, as you must file his application before your son reaches the age of 21. Once your I-526 is filed, your son is protected.

• Shahzad Q Qadri

  RC Creator

  Answered on March 19, 2014

  I recommend you contact a lawyer as soon as possible, as your children is at risk of aging out.

• Ed Beshara

  Immigration Attorney

  Answered on February 21, 2014

  Your son will be able to apply for conditional permanent permanent residency. The filing of the I-829 petition becomes important when showing how the funds were committed.

• Lei Jiang

  Immigration Attorney

  Answered on February 20, 2014

  Your son needs to be under 21 at the time the I-526 is filed.

• Ying Lu

  Immigration Attorney

  Answered on February 20, 2014

  If there is no backlog on the EB-5 visa, your son will not be aged out if you file the I-526 petition before he reaches 21 years old. If the backlog occurs, your son will be likely aged out. Please feel free to contact us for more details.

• Philip H Teplen

  Immigration Attorney

  Answered on February 20, 2014

  He is in danger of aging out. I suggest doing this as fast as possible and seeking an expedite.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on February 20, 2014

  Under the Child Status Protection Act (CSPA), a child''s age for the purposes of being included as a dependent in the case is determined by taking the child''s age at the time an immigrant visa number becomes available, and subtracting the amount of time the immigrant petition was pending (filing date to approval date). Since all EB-5 petitions are "current" under the U.S. State Department''s most recent visa bulletin (issued monthly), the filing date of the I-526 petition determines the child''s age for CSPA purposes (because an immigrant visa number is immediately available). Therefore, as long as your child is under 21 on the date your I-526 is filed, he or she will be considered a dependent in your EB-5 case, even if he or she turns 21 before the petition is approved or before you receive your green cards. If you were born in China, this could change later this year with visa number retrogression for China-born EB-5 applicants. You should consult an experienced immigration attorney, such as myself, if you have questions.

• Ali Farahmand

  Immigration Attorney

  Answered on February 20, 2014

  Yes, your son''s age is frozen in time as of the date of your filing of the I-526 application, no matter how long your case takes to get processed. It is imperative that you file your investment for EB5 as soon as possible, and then get your I-526 filed as soon as possible. Please call me if you need any further assistance.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 20, 2014

  The filing of the I-526 is the critical date. If the child is under 21 years of age when the I-526 is filed, he or she can remain included as a derivative beneficiary.

• Anthony Korda

  Immigration Attorney

  Answered on February 20, 2014

  Subject to certain exceptions, if the I-526 is filed prior to your child''s 21st birthday, the child will be included in your visa petition.

• Anthony Ravani

  Immigration Attorney

  Answered on February 20, 2014

  It is a complicated calculation, not process-related. This is how it works: 1. The age of your child is frozen when your I-526 is submitted to USCIS. So, let''s assume your child is 20 years old when your case is submitted to USCIS. 2. The age of your child starts running again as soon as the case is approved. So, in the example above, let''s assume your case gets approved in 13 months after submission. So, now your child''s actual age is 21 years and one month old. However, for your EB-5 case, the child is only 20 years and one month old. 3. Now, the case must process faster, because when you go to the U.S. Consulate for the interview, your child must not have become 21 years old based on the immigration age. So, in the example above, if you go to your interview three months after your case was approved, your child is only 20 years and three months old.

• Jinhee Wilde

  Immigration Attorney

  Answered on February 20, 2014

  The child''s age is determined at the time of the visa application process (DS-260 or I-485) after I-526 is approved. Under the Child Status Protection Act, the duration of the I-526 process pending period will be deducted from the child''s age when it is time for the visa process. Thus, it is critically important to file the I-526 as soon as possible, but certainly before the child ages out.