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Why it is important to apply for the EB-5 visa before children turn 21 PDF Print E-mail
Written by ARC   
Monday, 24 May 2010 17:39

Make sure your children are not turning 21  anytime soon if you are applying for an EB5 Visa. The time frame for becoming able to apply may be a problem for a  client who has a child or multiple children, who is/are due to reach 21  years of age in the next year or so.  On the one hand, the Child  Status Protection Act can freeze a child’s age at date of filing the  initial I-526 petition. However, if that I-526 petition is denied and  the child reached 21 years of age while it was pending, then that child  will not have a second chance to get the green card together with the  immigrant parents. The EB-5 immigrant might be able to re-file the I-526 petition if the  reason for denial of the previous petition can be cured, but if the  child has aged out prior to the filing date of the second I-526 petition  the child cannot immigrate together with the parent based on the second  petition. The necessity of filing a second I-526 petition after curing a  problem that disqualified the immigrant in the first I-526 petition  maybe more likely in a petition based on a stand-alone EB-5 business  than an EB-5 Regional Center program.