What is the best process to lock in the age of a child when filing DS-260 for EB-5? - EB5Investors.com

What is the best process to lock in the age of a child when filing DS-260 for EB-5?

The Child Status Protection Act says if a child want to lock in his/her age, he/she has to “sought to acquire” within one year of visa becomes available based on Chart A, but I submitted DS-260 and payed NVC fee BEFORE my visa number becomes current based on Chart A ( NVC let me pay the fee and submitted the form when my visa became current based on Chart B).

Does this still meet the “sought to acquire within one year to lock in the age” requirement?

Do I have to resubmit a new DS-260 after my visa number becomes available based on Chart A to lock in my age, or because I already have done that before, will my age automatically be locked in when my priority date becomes current?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Would need details to respond but sounds like it is locked in.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

When the visa becomes available under chart A - final action date, the age of your child will freeze. Sadly, they are not permitting an age freeze based on a chart B or date for filing DS-260 submission. I think the position is wrong and it is possible the litigation on this issue will result in a more generous interpretation from the State Department.

DISCLAIMER: the information found on this website is intended to be general information; it is not legal or financial advice. Specific legal or financial advice can only be given by a licensed professional with full knowledge of all the facts and circumstances of your particular situation. You should seek consultation with legal, immigration, and financial experts prior to participating in the EB-5 program. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public: do not include confidential information in your question.