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How can my son who becomes 21 during the administrative processing of our EB-5 visas enter the U.S.?

My son was 20 years old at the time of our EB-5 interview. We received a 221-G notice after our interview and the case is still under administrative procedure at present. Now my son has become 21 years old. Will he be considered age out? Will he be issued an EB-5 visa and enter the U.S.?

Answers

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    His age was locked in when you filed the I-526. Unless things really slow down for you, he should be fine throughout the processing.

  • Avatar

    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    If you are issued 221-G letter, it means your case is pending and under the administrative procedure, because you are missing some documents or other information. Moreover, it also means that your case has not been finalized and your EB-5 visa petition is still pending even if the child is now 21. Since you filed the petition before the child was filed, his age has been frozen until your petition is approved. Further, if the petition is approved, the child is allowed an additional 2 years to enter the US before he is counted as having being aged out. Thus, as of now, the child has not aged out. Advisably, consult an immigration attorney for further analysis and calendaring.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Once you filed the DS-260 and paid the visa fee, the age of your son is frozen.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    He should be ok, but make sure the consulate knows of the age of concern.

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    Phuong Le

    Immigration Attorney
    Answered on

    Since you were already scheduled for a visa interview when a visa was available to you, you should be safe.

  • Avatar

    Charles Foster

    Immigration Attorney
    Answered on

    He should be protected by the Child Status Protection Act.

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