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Questions and Answers > EB-5 Investments

Does the new EB-5 regulations with concurrent filing include child age protection?

I am excited that I can file another petition while my other one is pending but what happens with my child''s age? I don''t want her to age out before I am approved.

Answers

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Filing an I-485 while the priority date is current under the final action date chart protects your child if qualified at the time the I-485 is filed.

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    Phuong Le

    Immigration Attorney
    Answered on

    If your priority date is current when you file the I-485, the age of your child is locked in. Good news all around.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    An adjust filing under chart A final action date freezes the age of the child.

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    Dennis Tristani

    Immigration Attorney
    Answered on

    If you file for adjustment of status based on a pending I-526 petition or a new I-526 petition, the act of filing the I-485 serves to "seek to acquire" a visa and actively afford the child of CSPA protection. The priority date of the individual must be current based on the final action dates chart (Chart A) in the visa bulletin at the time of filing. It is also important to note that the age of the child does not increase for immigration purposes during the time the I-526 petition is pending with USCIS (this is relevant for your pending I-526 petition).