Can my EB-5 priority date remain for my children who aged out? - EB5Investors.com

Can my EB-5 priority date remain for my children who aged out?

EB-5 application dependant children aging out
EB-5 application dependant children aging out

Is it possible to retain the EB-5 priority date from my I-526 petition for my children, who have recently aged out? Or is this automatic?

Answers

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

A child cannot retain a parent’s I526 priority date… However, it is rare for children to age out on I526s. You should make sure you understand CSPA prior to concluding that a child has aged out.

Lynne Feldman

Lynne Feldman

Find an EB-5 Visa Lawyer: Immigration Attorney
Answered on

You have to do the CSPA calculation to find out. If under 21 when the I-526 was filed and the I-485 was filed within one year of visa availability should be ok.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.