We applied for EB-5 (RC stream) in 2018 when our child was exactly 6 months away from his 21st birthday. We got our approval in April 2021 but we have not hear anything heard back from NVC yet. On April 2021 my child was 20.5 years old for USCIS.
What I don”t understand is if he will age out in October 2021 (6 months after approval) or will he age out in April 2022?
Also what can we do to prevent age out? Will NVC be accepting visa bills and DS-260s now that the regional center program lapsed?
Answers
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYour lawyer should know how to take steps to seek to acquire status within one year of visa availability by filing form DS-260 and paying the fee bill. Failure to do this within one year of visa availability means the child will age out. Even if NVC will not issue a fee bill, you should mail them the DS-260 with a fee that they will likely return, but it shows you sought to acquire in a timely manner. NVC has not indicated whether they will be issuing fee bills during this lapsed period.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyIt depends on when the visa was available.
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