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What should we do if one family member is missing their fee bill?

I am a Chinese EB-5 investor. My I-526 application was approved in Sept. 2015. I was told by my attorney that my son is at risk of aging out. I just paid all of my family members' fees to the NVC, except for his, and we were asked to provide info for a form called the DS-260. My son has not yet received his fee bill. Should we wait until he gets his fee bill before we proceed with the other members' paperwork?

Answers

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    You should contact the National Visa Center through the EB-5 Investor Assistance Desk as soon as possible. There is no point in holding up the processing of the other applicants.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Your attorney should contact the NVC immediately. The age-out timeline is concerned with the age at the time of filing the I-526 petition first, then on the time the case was pending, then on actions taken to obtain the conditional green card.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    You should ask your lawyer to contact the NVC and request your son's fee bill with a copy of G-28 and his birth certificate unless your son has aged out. Once fees are paid, your lawyer should be able to file the DS-260 for your son and submit all relevant documents to the NVC as for other family members. Your lawyer should be able to discuss those issues with you.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    This is a very common problem with EB-5 cases. The issue has reached a point where the NVC now has dedicated a special email address (nvceb5@state.gov) to resolve these IV fee bill issues. You or your attorney should email the NVC and provide copies of the passport biographic page and birth certificate of your son and ask for the immigrant visa fee bill to be issued. The NVC is pretty good about responding with the fee bill quickly (within a few days at the most).

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Tell your lawyer to file form DS-230 immediately. Unfortunately, with the impending waiting line, many will age out.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    If your child has not aged out, your attorney should email the NVC with his birth certificate and ask them to issue the fee bill for him immediately.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Contact the attorney who is handling this matter, as soon as possible. He or she should have perhaps vital information on how to contact the relevant office and track your son's petition. You do not need to hold back other family members.

  • Avatar

    Anthony Korda

    Immigration Attorney
    Answered on

    The answer will depend on whether or not you were born in Mainland China and whether or not your child is aged over 21. If not, you should write to the NVC attaching a copy of the I-526 Approval Notice, evidence of the relationship (birth certificate showing you as parent) and confirm that your I-526 was filed prior to your child's 21st birthday. Ask that he/she be included in the fee bill, and then pay the fee and proceed to the next step. However, be mindful of the strict time limits imposed by the Child Status Protection Act. If you are a person born in Mainland China, visa wait times may apply, in which case the NVC will not proceed to consider whether your child should be included by virtue of the Child Status Protection Act. In such a case, or if your child is over 21, you should urgently consult with an experienced EB-5 attorney for advice on how best to safeguard your child's position.

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    John J Downey

    Immigration Attorney
    Answered on

    No, proceed with the ones you have and send an inquiry along with your fees relating to your son. Place an URGENT on the inquiry stating an "Aging out" issue.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    You should immediately contact the National Visa Center to request that a fee bill be issued for your child. Pay the fees and move forward with the DS-260.

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