I am Indian born and my EB2 case has a 2017 priority date. My daughter will turn 21 later this year, so I know she will age out before my case becomes current. If I make an EB5 investment, can I use that to get a green card for the entire family, or will she still age out? I see EB5 India is backlogged on the visa bulletin in one place, but not in other places, so I am not clear whether I have missed my chance to file.


The EB5 category is a bit confusing on the visa bulletin because it is divided into four separate subcategories. There is EB5 Unreserved, and then three different Set Asides – rural, high unemployment, and infrastructure.

If you invest in any of the Set Asides, the category is Current in the June Visa Bulletin for all countries, including India (and is expected to remain Current in July). This typically would allow you to file both the petition and the I-485 concurrently for you, your spouse, and any children under the age of 21. If you do that, and the cases are approved, your child will not age out (even if the cases are approved after the child turns 21). (29.May.2024)

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