 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.
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