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When does the “aging out” process start in the EB-5 Immigrant Investor Program?

My dad had his I-140 approved around 2 months ago in the EB-1B category and he then filled out I-485s for himself and my mum, and an I-824 for me because I am studying overseas. Both my dad and mum went to their biometrics appointments last week buy they have not received a receipt notice for my form. I am turning 21 next December; does my age stop after the I-140 approval?

Answers

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    Since more information is needed, consult with an immigration lawyer to see if you are covered by the Child Status Protection Act.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    It appears you have sought to acquire permanent residence in the United States by filing an I-824 upon approval of your father's I-140, so you should be protected under Child Status Protection Act. Consular processing the entire family at the same time may have been a better strategy. It is necessary to carefully review your case with an immigration attorney for further advice.

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    Charles Foster

    Immigration Attorney
    Answered on

    During the time that the I-140 petition was pending, under the Child Status Protection Act, the time it took to approve the I-140 petition would be subtracted from your age. It would be advisable (if the child is in the U.S.) to file Adjustment of Status on Form I-485. The I-824 cannot be approved and the Consulate overseas cannot be notified until the father 's Application for Adjustment of Status has been approved. You must file for LPR status within one year of the approval of the petition. You file for your immigrant visa by submitting the completed DS Form online and it is recorded in the IV system. But, in Form I-824 cases, the filing date is the date the parent files the I-824.

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    Shannon M Shepherd

    Immigration Attorney
    Answered on

    If you filed the I-824 before you turn 21, then you are protected under the Child Status Protection Act even if your parents do not complete the process before you turn 21.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    I would make sure the I-824 is receipted. Check to ensure the filing fee was cashed. You must seek to acquire permanent residence by taking steps such as filing an I-824. It appears you have time, as you only turn 21 next December but strategically you probably better off all consular processing abroad so you can get your green card together. It will be faster; unless your parents need to file another I-824 to move the I-140 to consular processing. This case should have been carefully thought out, as strategy is critical to aging out cases.

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    Jon Eric Garde

    Immigration Attorney
    Answered on

    Your age froze after your dad filed the I-824 to move forward and consular process you within a year following the period when you became eligible to immigrate.

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