I have a handicapped son who is older than 21. He is legally considered my dependent in my home country. When applying for EB-5, would he be eligible as my dependent, similar to a child under 21 years old? If not, does USCIS make any exceptions on dependent rules in situations such as this?
Unfortunately not. USCIS does not make such exceptions, even with waivers. They are bound by the laws set by Congress and by their own regulations. But he might have other options. You should sit down with an experienced immigration attorney.
Unfortunately, your son is no longer a child for immigration purposes, regardless of his disability. There may be other immigrations options available. You should consult an experienced immigration attorney for further details.
Your adult son will not be able to immigrate through EB-5 as your dependent. However, there might be other immigration options available to him. You should consult with an experienced immigration attorney on these options.
I think the immediate answer from USCIS would be a no. However anything is possible in D.C. I would enlist the aid of an immigration attorney and see if a waiver could be given to your son.
It may be possible with the proper information, documentation, and disclosures, but significant research and preparation would be needed to assist you.
Your son would not be eligible to be your dependent if you pursue EB-5 immigration. The law does not make any exceptions for children over the age of 21, regardless of circumstance.
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