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How can I prevent my child in the U.S. from ageing out with a pending EB-5 case?

My I-526 form for my EB-5 visa was approved in August 2018. The consulate interview was in February 2019 and the case went into AP. The second interview was scheduled but could not be held due to Covid and then the program lapse. Now, I received a letter to submit my passport, medicals and PCC through drop box. What does this mean? Also, my daughter (who is a derivative) is on an F-1 in the US. She will convert to H-1 in October. Should I call her here for consulate processing, or should she go for AOS after our process? My daughter was born in 1997 and turned 21 after our petition was approved. Will she age out before we can get our green cards?

Answers

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If you filed the DS-260 and paid the filing fee for your daughter when a visa was available, her age should be frozen indefinitely and you have a choice to have her join you abroad or to file a following to join adjustment application in the U.S. But most likely best to have her interview with you after your legal counsel has confirmed that the date has been frozen in accordance with CSPA rules.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Within one year after the child turned 21, it seems the child was part of the NVC process. The child may still be eligible even though she has turned 21.

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    Ying Lu

    Immigration Attorney
    Answered on

    Whether your daughter is protected under the CSPA depends on when you filed the DS-260 and how long it took to get your I-526 approval. If DS-260 was timely filed for your daughter, she should go through the visa interview with you.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Have to do age out calculations but her CSPA status should be protected if she timely filed the DS-260 even if she is aged out now. Definitely have her join you at the consulate if she is eligible.