You are hereFrequently Asked Questions / EB-5 Eligibilities & Requirements: I-526, CPR & I-829 / [Q] We have 21 year old son studying in the U.S. on F-1 visa. Can we have the son do EB-5 case on his own?

[Q] We have 21 year old son studying in the U.S. on F-1 visa. Can we have the son do EB-5 case on his own?


Yes, under the U.S. immigration law, when a child reaches 21 years of age, he or she cannot qualify to immigrate as a dependent of the parent who is the principal applicant. Therefore, there is no choice but to have the 21 year son proceed as the principal applicant. This means requisite funds probably has to be gifted to the son to meet the lawful source requirement. If the son wishes to continuously stay in the United States, he or she can choose to proceed under I-485 adjustment applicant for conditional green card rather than consular process, assuming I-526 has been approved, of course.