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How do we know if our child has aged out of EB-5 visa eligibility?

I began the EB-5 program on Dec. 12, 2013 and got the I-526 on April 9. My attorney said they filed the DS-230 before May 1 (retrogression date). My younger son's birth is 05/14/1994 (still in CSPA) and my elder son's birth is 04/02/1993 (may be aged out or not). My wife and I got the fee bill (Dec. 2015), but both of my sons have not received it so far and there is no available news about them. Our attorney said the final decision will be given when we go to the Guangzhou Consulate. I just want to check if both of my children will be fine? If someone is aged out, would NVC provide a notification? Or would CSPA be determined by the Consulate and not NVC? How do we know if our child has aged out of EB-5 visa eligibility?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Only the period when the I-526 was pending is subtracted in the CSPA calculation. Waiting in retrogression is not subtracted. Then, the DS-230 must have been timely filed for each child, so that they would be deemed as "sought to acquire permanent resident status." You should discuss your case with your attorney. He or she should be able to provide you with proof of the exact date when the DS-230 was filed for each child.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This is a two-step analysis. You only get to deduct the time the petition was pending, and then must take adequate lock-in procedures when the petition is approved. You must have children added to the fee bill. It''s good the DS-230 is filed, but you need to do this after the petition is approved.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If you did not get the Fee bills for your sons, then there is no way the DS-260s were filed for your sons before retrogression went into effect. While they are waiting for the retrogression, their age does not keep still. Thus, your older son is definitely aged out according to my calculations and so may be your younger son.

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