Age limit for EB5 applicant’s dependent children

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.


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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.


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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.
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.
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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