How can chart B in the visa bulletin prevent dependents from aging out for their EB-5 visas? - EB5Investors.com

How can chart B in the visa bulletin prevent dependents from aging out for their EB-5 visas?

We are EB-5 investors from India with a dependent child who had 7 months left before her 21st birthday when we filed. If we get our approval before our priority date becomes current, can our child still be protected from aging out because India is current in chart B of the visa bulletin?

Answers

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

Your child''s age will be frozen while the I-526 is pending under the CSPA law, which allows a child''s age to remain frozen until the early petition of EB-5 is approved. Thus, upon approval, your child will still be protected as you proceed to the filing of an application for an immigration visa. However, upon approval, the application for an immigrant visa to enter the U.S. must be completed within two years.

Ed Beshara

Ed Beshara

Immigration Attorneys
Answered on

Technically, your child who will turn 21 will need to apply for their conditional permanent residency within 12 months of the petition I-526 being approved.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

The I-526 filing sets the age of the kids. If you are current when the I-526 is approved, try to file for the green card as soon as possible.

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

For the last couple of months, USCIS has been posting that dates for filing (Chart B) chart should be used for employment-based applications. India is "current" in this chart. If by the time your I-526 petition is approved, and USCIS continues the policy of using Chart B as opposed to final action dates (Chart A), and India is still current on Chart B, then I would tend to agree with you that your child should not age out as long as you proceed with the conditional green card application right away.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

Your child will be protected under the Child Status Protection Act.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

USCIS and the Department of State are talking the position that filing an adjustment under chart B does not freeze the child&#39s age. We think this is wrong and is already being litigated.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Yes, you can protect by filing the DS-260 or I-485.

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