I am an Indian national who filed the EB-5 form I-526 in June 2021. I am waiting for approval. My son was 18 years old at the time of filing. I have read about the recent news that USCIS has changed the policy on the Child Status Protection Act. Since India is retrogressed in EB-5 (unreserved) now, will this policy change benefit my family? How will it affect current investors?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyOn February 14, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert, which contains policy guidance in the USCIS Policy Manual to update when an immigrant visa "becomes available" for purpose of calculation Child Status Protection Act age in certain situations. In short, USCIS will now allow the Date for Filing chart to calculate these noncitizens'' ages. As stated in the Policy Alert, this guidance is effective immediately on February 14, 2023, and applies to adjustment of status applications USCIS adjudicates on or after February 14, 2023. Therefore, noncitizens with pending adjustment of status applications based upon an immigrant petition in a preference category, on or after February 14, 2023, will benefit from this update. It appears you do not have an adjustment pending at this time. Basically, you will have about 3 years plus the time the petition took to adjudicate to seek to acquire a green card. Hopefully your category is not backlogged when the case is approved so you can freeze his age.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneySpecific news of how this will be implemented for cases already filed is still needed from USCIS. This change is the result of a lawsuit so you can inquire of the plaintiffs'' attorneys as to what guidance they expect.
Belma Demirovic Chinchoy
Find an EB-5 Visa Lawyer: Immigration AttorneyThe CSPA change is beneficial to dependent children and it should not impact you.
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