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.
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
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A Olusanjo Omoniyi
Immigration AttorneyAnswered onIf 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.
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Bernard P Wolfsdorf
Immigration AttorneyAnswered onOnce you filed the DS-260 and paid the visa fee, the age of your son is frozen.
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Lynne Feldman
Immigration AttorneyAnswered onHe should be ok, but make sure the consulate knows of the age of concern.
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Phuong Le
Immigration AttorneyAnswered onSince you were already scheduled for a visa interview when a visa was available to you, you should be safe.
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Charles Foster
Immigration AttorneyAnswered onHe should be protected by the Child Status Protection Act.
