Stephen Berman
Immigration Attorney
Answered on
If they are covered by CSPA, you do not need to do anything. If they are not covered, email the embassy and ask them to expedite due to aging out children.
How can we prevent our children aging out while waiting for our EB-5 visa interview?
We had our Consular Interview in February 2019, the case went under administrative processing, and I received an email for a consular interview again and scheduled an appointment for 8 April 2020 and then the embassy closed due to COVID and now the embassy is not scheduling any interviews due to the sunset. How about age protection of my children?
Answers
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Bernard P Wolfsdorf
Immigration AttorneyAnswered onWhile we are waiting for further instruction regarding the impact of a program lapse upon CSPA, if you are waiting for an interview and submitted DS-260 plus fees to NVC, the age of the child should be frozen under 21.
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Lynne Feldman
Immigration AttorneyAnswered onNeed to alert the embassy unless it is a Regional Center EB-5 case, which is on hiatus until Congress reauthorizes the program.
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Salvatore Picataggio
Immigration AttorneyAnswered onIt looks like you have been "seeking to acquire" already, which is good. I would like to review the timelines of when you filed, how long it took for approval, and when the immigrant visa was available, relative to the birthday of your child, to make the proper calculation of their "CSPA age."
