Could my 20-ry old son age out while waiting for EB-5 concurrent filing? - EB5Investors.com

Could my 20-ry old son age out while waiting for EB-5 concurrent filing?

My date of filing is current in Chart B for dates of filing (June 2021) in the Visa Bulletin but retrogressed in Chart A (final action dates). My son was 20 years and 2 months when we filed the I-526. In October 2023, we filed for AOS (I-485) but our I-526 is not yet adjudicated. Our EB-5 project is an expedited project, so it could be adjudicated in a few months. Since we retrogressed in Chart A, will the clock start ticking for my son’s age as soon as the I-526 is resolved? Has he already entered the safe zone because his I-485 is filed and pending?

Answers

Lynne Feldman

Lynne Feldman

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

He is safe since the I-485 is filed before he is 21, provided the I-526 is approved.

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