You are hereFrequently Asked Questions / EB-5 Eligibilities & Requirements: I-526, CPR & I-829 / [Q] My daughter is 20 years and 7 months old. Can she immigrate as my dependent?
[Q] My daughter is 20 years and 7 months old. Can she immigrate as my dependent?
Yes, under the EB-5 law, a child under 21 years of age at the time I-526 is received by the USCIS qualifies to immigrate as a dependent, assuming of course that the I-526 immigrant petition is approved. Therefore, it is crucial for the USCIS to receive the I-526 petition before your daughter turns 21 years of age. Otherwise, your child will have to file as the principal applicant.
The Child Status Protection Act controls the analysis. Therefore, as long as the above requirements are met, even though your daughter is past 21 years of age at the time she interview for immigrant visa or at the time she enters the U.S. as an intending immigrant -- she can immigrate as a dependent.