Minimum Age Requirement
Our clients, especially those from India and Vietnam who have kids, are worried that their children could age-out due to retrogression if they apply as the main investor and their children as dependents. Hence, they would like to have their kids apply as the main investor. The question is what is the minimum age requirement for filing the I-526 petition?
Although there is no minimum age requirement for filing an I-526 petition, each regional center has its own guidelines. Most regional centers require the child to be at least 18 years old. This is usually done so that the child is compliant with contract law considerations that differ from a state-by-state basis. Please explain to clients though that when they apply for the EB-5 and file the I-526 petition, their child's age is frozen. Depending on how long it will take for their I-526 petition to be approved, their child may or may not age out. Once their I-526 petition is approved, their child's age would be unfrozen at that moment.
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