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What happens if I do not receive my EB-5 appointment before I turn 18?

I submitted my Form I-485 one year and six months ago. I have not received my appointment and I am about to turn 18. Why is it taking so long? What happens if I turn 18 and I do not receive the appointment by that time?

Answers

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Are you the investor or a derivative beneficiary (that is, your parent is the investor)? If the I-526 petition is filed before you turn 21, you should have continued eligibility for adjust status. If you are already waiting for a filed I-485 to be processed, turning 18 should not matter.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you do not receive your EB-5 appointment before you turn 18, there should be no problem whatsoever. If you are the petitioner, your age is irrelevant.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The age-out age is 21. Turning 18 is not relevant. If your priority date is current, you or your lawyer can do follow-up inquiries.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    You are not an aged-out adult under the immigration laws until you are 21. So, you becoming 18 has no bearing. Further, while the USCIS has an application pending, the applicant''s age is frozen from the time that the application is submitted. You should have your lawyer keep pestering the USCIS on unusual delay (year and a half) on the I-485 processing.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The cut-off is age 21.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you are the EB-5 investor, you turning 18 before I-485 adjudication is not relevant, unless there are special circumstances under which you entered into the project as a minor. Even as a derivative beneficiary of an EB-5 investor, you only "age-out" if you turn 21.

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