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Question:

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When in the EB-5 process is a child's age considered? I have a son who is turning 21 years old in February of next year. If I apply for the EB-5 visa as soon as possible, will my son be qualified to receive his green card? In other words, does the age of my son count for the time that I filed my I-526, or not until I receive my conditional green card? Is my son in danger of aging out? What can I do?

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Answers:

June 13, 2014 11:11 Sal Picataggio

The filing of the I-526 is the critical date. If the child is under 21 years of age when the I-526 is filed, he or she can remain included as a derivative beneficiary.

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June 13, 2014 11:53 Ed Beshara

Your son will be able to apply for conditional permanent permanent residency. The filing of the petition I-829 becomes important showing how the funds were committed.

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