I am an EB-5 investor from Vietnam. My priority date is April 9, 2017, and the approval date for I-526 is March 10, 2020. But I received the NVC fee bill in Sept. 2022 (after 2 years). My son is over 21 years old. Following the new law for CSPA, how will the age of my son be calculated? How will he get affected by the new law?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou get to deduct the time the petition was pending from your child''s age as of the date of approval provided a visa number is available and then if you file form DS-260 and pay the fee or file an adjustment or following to join application your child''s age may be frozen as his CSPA age.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyThe changed CSPA policy is favorable to the protected class.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyWould need his exact birth date to calculate.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyWhen did the visa become available? You need to calculate his age under CSPA to see if he is under 21.
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