Questions and Answers > EB-5 Investments

How can I make sure my child doesn't age out on my EB-5 application?

We filed I-526 in late 2018 and got approval 2 weeks ago. My child was 20.5 years old at time of filing. So now with the I-526 approval the age unfroze again with 6 months left. How do we ensure my child gets the green card? We haven''t heard anything from NVC yet. It''s taking a lot of time from NVC''s side for any progress on scheduling interviews I understand. We are Indian citizens.

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on April 26, 2021

  You can request NVC to expedite based on an age-out, or you can even submit paper D-260s and send them the filing fee check; that would be proof you sought to acquire status.

• Fredrick W Voigtmann

  Immigration Attorney

  Answered on April 23, 2021

  The Child Status Protection Act ("CSPA") allows you to take the age of your child when an immigrant visa number becomes available and subtract the number of days your I-526 was pending (filing date to approval date). If the resulting age is under 21, then your child will be considered a dependent under CSPA. You must seek to acquire an immigrant visa within one year of the visa number becoming available. Submitting a DS-260 and paying the NVC fee should meet that requirement.

• Stephen Berman

  Immigration Attorney

  Answered on April 22, 2021

  As long as you seek to obtain the visa within one year of its availability you should be fine.

• Dale Schwartz

  Immigration Attorney

  Answered on April 22, 2021

  You get to subtract from his age the number of months your case was pending at immigration. If you filed in late 2018, you get 24 or more months to subtract. As long as you file either adjustment of status if he is in the U.S., or start the case at the NVC, he is protected.

• Lynne Feldman

  Immigration Attorney

  Answered on April 22, 2021

  You need to push with urgent emails to NVC about age out of child.

• Karen-Lee Pollak

  Immigration Attorney

  Answered on April 22, 2021

  Notify NVC that children are aging out and to send ASAP.

• Irina Rostova

  Immigration Attorney

  Answered on April 22, 2021

  If your visa is available in the visa bulletin, you have one year to seek admission through NVC. So, as long as your child''s "frozen" age was under 21 at the time of the I-526 approval and visas in your category are available, and you seek admission to the U.S. within one year of the approval, your child will be included.