My father filed EB-5 in September 2019. Right now, my brother and I are already in the United States on an F-1 student visa. We have also filed our I-526 in order to freeze our age. We got an RFE as of today on our EB-5. We are hoping that that the RFE gets cleared and our file gets approved by the end of this year. Then, do we have to travel back to India in order to re-enter the United States with a temporary green card, or do we have to apply for adjustment of status while in the U.S.? And no matter if we travel back to our country or remain in the U.S. and file for adjustment of status, does our age remain frozen due to the I-526, or does our age start counting as soon as we do adjustment of status?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you are the principal on your own I-526s, then you do not need to worry about aging out. If a dependent on your father''s case, I would need more facts to advise.
Dennis Tristani
Find an EB-5 Visa Lawyer: Immigration AttorneyFiling the I-526 petition establishes your priority date and the Child Status Protection Act confirms that the time USCIS spends adjudicating the I-526 petition will not be counted towards the immigration age of any dependent children. Once your case is approved, you have one year to "Seek to Acquire" your visa which will essentially freeze the age of dependent children at the relevant age when the I-526 was filed. Pursuing consular processing (paying fee bills and filing form DS-260) or filing Form I-485 for adjustment of status will accomplish this step. If your priority date is current pursuant to the Dates for Filing Chart in the visa bulletin and USCIS is allowing adjustment of status applications to be filed using the Dates for Filing, then you can pursue adjustment of status in the U.S. These are important questions that involve strategy and planning - they should be discussed with an immigration attorney.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyIf you filed your own EB-5, no need to worry about CSPA or aging out. Once PD is current, and if you are still in the US at that time, you should be able to file adjustment of status in the US. If you were listed as a dependent on your father''s I-526, then you do need to worry about CSPA and will have to process your visa in accordance with CSPA (most likely through the consulate together with your dad). Your attorney needs to advise you on the process applicable to you and in your best interest.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyFiling of I-526 does not freeze your age. When the petition is approved, you have to take steps within 12 months of visa availability to freeze the age of the child. This can be by filing form DS-260 and paying fees, or by filing an I-485 adjustment under chart B if open, or chart A. You only get to deduct the time the I-526 petition was pending if you take steps to freeze within 12 months of visa availability. This is complicated.
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