I applied for an EB-5 visa about 5 years ago. My I-526 was approved 2 years ago, but I recently got a letter from the consulate asking me to submit my passport, medical examination results and police certificate. However, the name of my son is missing in the letter. He was 17 years old when I originally applied, and now he is above 21. He was included in the petition right from the start. Is this normal? What should I do to add his name back? How much time does it take to get him added?
There is a formula that the State Department uses which determines whether or not your son would also qualify for a resident visa. You could have your attorney investigate whether or not the formula has been applied correctly in this case.
First you need to make sure he is eligible and that your lawyer sought to apply by taking necessary steps to freeze the age of the child. If protected, send in his name, birth certificate and proof that steps were taken timely to freeze his age.
You should ask your attorney to reach out to NVC and prepare a CSPA memo for the interview.
You should have your attorney send an inquiry to NVC and request they add him to the fee bill.
Contact NVC and ask them to include him. If the application was approved and was unavailable for four years, your child may have aged out.
