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How can my daughter qualify for EB-5 if I filed our I-526 application one day before she turned 21?

We are EB-5 investors from the U.K. I filed my I-526 application one day before my eldest daughter turned 21 years old. We received our I-526 approval two months ago and then the fee bills a month after that. However, the National Visa Center did not send a fee bill for my eldest daughter. We contacted the center asking about it and received a response that, "We reviewed this petition for eligibility under the Child Status Protection Act (CSPA) and we determined that applicant is not eligible." When we filed the I-526, we were told that my eldest daughter would qualify under our application because we filed before she turned 21. Did the center make a mistake or was I misinformed? What should we do now?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Sometimes you need to provide the NVC with the timeline of USCIS processing to show continued eligibility. Please consult an immigration attorney for assistance.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It appears there must have been a miscommunication along the way. A child turning 21 is only protected if the petition is received and receipted by the U.S. Citizenship and Immigration Services before she turns 21. In your case, all that happened was a mere mailing. The USCIS had not received your petition. Thus, the child does not qualify even under the Child Status Protection Act (CSPA) with its generous provisions, which would have protected the child.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    She should be OK because she has 12 months to seek to acquire an immigrant visa after the I-526 is approved, during which time she has to pay the fee bill and submit Form DS-260 that freezes her age.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    To be honest, you took a major chance by attempting to include your eldest daughter in your I-526 petition as a dependent one day before she turned 21. You might want to check the I-797C receipt notice of your I-526 petition you received from USCIS to see whether that date was before or after your daughter turned 21.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your only argument to include your daughter is under the Child Status Protection Act, but given the one-day protection it was almost impossible to protect your daughter.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    The center did not make a mistake. I think the timing of your application, the receipt notice, is after your daughter reached the age of 21. Consult with an immigration attorney to explore options for your daughter.

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