I plan to start the process by July 2020, my son will turn 21 on January 2021, will he still be able to get the Green Card too? If not, what can we do? Thanks!
Posted by Michel Grayeb on Apr. 24, 2020 12:00 am
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Answered On Apr. 26, 2020 4:39 am
Hello Michel, If you are a citizen of Mexico (which seems to be indicated) then your son can be included with you EB-5 process provided you file your petition (the I-526) before your son turns 21 years of age. Your son will also need to be unmarried. Under the Child...
If you are a citizen of Mexico (which seems to be indicated) then your son can be included with you EB-5 process provided you file your petition (the I-526) before your son turns 21 years of age. Your son will also need to be unmarried. Under the Child Status Protection Act (CSPA), your son's CSPA Age will be frozen as being under 21 years by filing the I-526. While the petition is pending, the amount of time it takes to reach a decision will be subtracted from your son's biological age in order to calculate his CSPA age. For example, if the I-526 is filed in July 2020 while your son is 20 years and 6 months and the I-526 petition takes 12 months to be approved, then in July 2021 while your son is biologically over 21 years age, he will still be considered under 20 under the CSPA and can get the green card with you.
I would be happy to discuss this with you if you have any other questions.
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