If I delay the EB-5 interview and reschedule it, will this impact the child’s locked in age? - EB5Investors.com

If I delay the EB-5 interview and reschedule it, will this impact the child’s locked in age?

The child’s age was locked in when the visa number becomes available and meet the “sought to acquire “ requirement, but after that if I choose to delay the interview, will it let the locked in age “unlock” and increase again? And I also want to know how long I can delay the interview? Is there a maximum limit of the time that the interview can be delayed?

Answers

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Definitely not recommended to delay. You can always get approved, come to the U.S. and obtain PR status, and then apply for Reentry Permit to return home.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
Answered on

A simple rescheduling of an interview would not impact CSPA age. Is there a chance the PD would retrogress?

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

I will assume this is not for a regional center case as that program is waiting for reauthorization. If you miss a scheduled interview with USCIS, they can deny an adjustment, and then the child will continue to age. If via consular processing, the filing of the DS-260 and payment of visa fee should lock the age of the child. But I would be cautious because they may take the position that the age start to accrue again, but it would not be the correct position.

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