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Will my child have aged-out during the EB-5 lapse?

In the lapse interval from June 30, 2021 to March 25, 2022 will that time be added to our children''s age by NVC? Our I-526 was approved just before the lapse. The visa category is not backlogged for us.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Depends on how long the petition was pending and how old your child is. One has a year to seek to acquire and since one could not do so during the lapse, they should restart the one year seek to acquire clock.

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    Irina Rostova

    Immigration Attorney
    Answered on

    Under the child status protection act, you must seek a visa within 1 year of the approval and the visa number being available. So as long as your child was a minor under a child status protection calculator in June 2021 and you seek the visa (pay the NVC fee or contact them with the request to proceed with the case), prior to June 2022, you should be covered by the CSPA.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    If eligible at time of approval, then the child must seek to acquire PR status within one year of that date.

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    F Oliver Yang

    Immigration Attorney
    Answered on

    You should have an immigration attorney perform a CSPA analysis for you. The time spent during the lapse is not protected since visa was not available, unless you took action to lock in the child''s age before the retrogression.