Age limit for EB5 applicant’s dependent children

#1
I am planning to apply for EB5 Visa for my family. I have a dependent child is running 21 now and would complete 21 years in June 2019. Would my child be eligible for EB5 as a dependent if I apply in december 2018.

Please advise whether the child has to be 21 years at the time of EB5 ( I 526) application approval or at the time of submission of EB5 (I526) application.
 

SusieQQQ

Well-Known Member
#2
My understanding is the CSPA act protects such a child as long as the EB5 petition is filed when he/she is still under 21 and unmarried, but suggest you double check this with the attorney that you will presumably be using to ensure everything is in order.
 

newacct

Well-Known Member
#3
The child's age when a visa number becomes available is considered. The amount of time the petition was pending is subtracted from the child's age. So, basically, you can think of it like this: the child's age freezes on the date the petition is filed, then unfreezes when the petition is approved, and then continues to run. When a visa number becomes available, we look at the age, and if it is under 21, the child can immigrate as a derivative beneficiary.

Note that only people born in Mainland China and Vietnam currently have waits for visa numbers for EB5.
 
#4
As long as your child is under 21 when you file your I-526, then it's not an issue, assuming your country of origin is not in a backlog/waitlist status. China and Vietnam are currently in a backlog, and India is soon to follow. Estimates for the India EB-5 waitlist is 2-3 years, so if your child turn 21 in 6 months, then it appears quite likely that your child would age-out, unless your country of origin is something other than China, Vietnam or India.
 
#5
The child can be 21 and you can apply. The i526 should have been applied for before he turns 21(June 2019). xxxxxxxc Let me know if you need further assistance
 
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