Is the age of EB-5 dependent children still frozen after the approval of I-526 and before a visa interview? - EB5Investors.com

Is the age of EB-5 dependent children still frozen after the approval of I-526 and before a visa interview?

My son was 20 years and three months old when we filed an EB-5 application last month with him being our dependent. We understand that his age will be considered unchanged during the pending period of I-526. What happens to his age after the I-526 is approved and before we can schedule an appointment at the U.S. consular post? We are worried that he might age out.

Answers

BoBi Ahn

BoBi Ahn

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Answered on

That is correct. His age is "frozen" while the EB-5 petition is pending. Unless you are a national of a backlogged country, he may be able to process as a dependent if you are able to quickly file the immigrant visa application upon the approval of the I-526 petition.

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Provided your country of chargeability is not backlogged at the time of approval, and you take steps to "seek to acquire" status by filing the DS-260 and paying the fee bill, the age of the child is likely protected or frozen.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

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You will also have up to two years after the I-526 is approved before he will be considered that he has aged out.

Charles Foster

Charles Foster

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No, the age is frozen only when petition or application is pending; the risk is that your son could age out if there are no visa numbers available at the time the petition is approved.

Jan Pederson

Jan Pederson

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It depends on whether EB-5 is backlogged from your country of birth. If it is not backlogged, since you filed, now or after, the age is frozen.

Ed Beshara

Ed Beshara

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If you as the investor is a citizen of a country that is not retrogressing, then your child who was under 21 years of age at the time of filing the I-526 petition, and now over 21, should still be able to apply for the conditional permanent residency visa.

Lynne Feldman

Lynne Feldman

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It all depends on when his priority date becomes current and his age then. He must file if under age within a year of the priority date being current.

Salvatore Picataggio

Salvatore Picataggio

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Unless you are from a country facing heavy retrogression, that will probably be OK, but it would be a great idea to pursue the green card as quickly as possible without delay.

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