We are from Mainland China. I applied for EB-5 in 2015 and had our I-526 approved in 2016. We then submitted our DS-260 in 2021. Since then, we have been waiting for the interview. We have been informed that due to the heavy Chinese backlog, by the time we get an interview, my son (who turns 19 this October) may age out as a dependent and no longer be part of our application. Can my son, as a derivative beneficiary, apply for an F-1 visa right now, to study in the U.S. this September? If not, what should we do?
Answers
Daniel A Zeft
Find an EB-5 Visa Lawyer: Immigration AttorneyThere are new detailed rules which determine whether a dependent child in this situation can benefit from the approved I-526 petition. You need a consultation appointment with an immigration attorney who is knowledgeable about these new rules.
Ying Lu
Find an EB-5 Visa Lawyer: Immigration AttorneyYour son will not age out until he turns 21 years old. Also under the Child Status Protection Act (CSPA), his age needs to be recalculated. If your priority date is earlier than Sept. 8, 2015, you may need to obtain an earlier interview date in Guangzhou.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe DS-260 should protect his aging out if I understand your facts.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is certainly no harm in trying to get an F-1 visa.
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