My EB-5 I-526 was approved in April 2022. The visa status was and still is current. The sought-to-acquire 1-year requirement will end this April. USCIS still has not sent my case to NVC. My son is over 21 years old. I am unable to file a DS-260. After April 2023, will my son lose his CSPA protection? What should I do?
Our firm has filed a lawsuit on this issue of transferring files from IPO to NVC. You must request IPO transfer expeditiously and if they do not reply, you may have no choice but to file a mandamus action. You can also FedEx a paper DS-260 to NVC to show you tried.
Call USCIS and inquire and/or send an email to the NVC Research email and indicate - URGENT AGE OUT.
I strongly recommend consulting with your immigration counsel so a precise CSPA calculation can be provided to you to confirm when your son will age out. I would keep records of all contact with USCIS and the NVC to confirm your efforts at contacting both agencies to obtain the fee bill. USCIS policy confirms that you can file Form I-824 and this will also satisfy the "Seek to acquire" requirement under the CSPA, which will freeze your son''s age. You would simply file this form and request USCIS to send your approved petition to the NVC. I would recommend doing this as backup if you are unable to pay the fee bills by next month.
File an I-824 if the visa has been approved. It seems to me that is seeking to acquire.
