Dependents of EB-5 applicants of which countries are currently subject to "age-out" phenomena?
We have clients from all over the world who are trying to meet the November 21 deadline before minimum investment amounts will be increased substantially. They are all concerned regarding their dependents who are close to age 21 aging out. Is this a concern across the board or specific to certain countries?
This is a very good question. It is worth elaborating on to remove confusion. Once the main applicant files their I-526 petition, the age of all their dependents is frozen. At the time of I-526 approval, if the country of birth of the applicant is not experiencing retrogression, then there is no age-out issue to worry about because the applicant can file for the conditional green card. On the other hand, if at the time of I-526 approval, the country of birth of applicant is experiencing retrogression, then the applicant cannot apply for the conditional green card until his priority date becomes current. In this case, the age of their dependents will be unfrozen. Depending on the time they need to wait, their dependents could age-out. For example, if the dependent was 20 years old at the time of the I-526 filing, and following I-526 approval, it takes more than 1 year for the main applicant’s priority date to become current, then the dependent will surely, age-out. Conversely, as long as, the main applicant proceeds with the conditional green card application as soon as their priority date becomes current, if their dependent was 20 years old at the time of I-526 filing, and following I-526 approval, it takes less than 1 year for the main applicant’s priority date to become current, then the dependent will not age-out.
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