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What happens to the ages of dependent children during EB-5 visa administrative processing?

My EB-5 case has been under administrative processing for eight months. My daughter is on an F-1 OPT in the U.S. She will age out in eight months. Will her age still be protected during the administrative processing? She did not show up for the consular Interview. Our plan was for her to file an I-485 once I get the visa.

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    To avoid your child from aging out, it is advisable for your daughter to file her application for conditional permanent residency before she turns 21 years old.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The filing of the I-526 locked in her age for the most part. Something like administrative processing can be argued to stop the clock.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    It would be best for you to discuss this with your attorney or retain a qualified attorney, as your daughter may need to act in order to protect her dependent status.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    She will still be protected under the Child Status Protection Act.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    If she did not submit a DS-260 and pay the fee bill, she will continue to age. Since administrative processing could take a long time, you need to pay the fee bill and file the DS-260 for her unless you have lots of time before she turns 21.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Unless she files a DS-260 and interviews at the consulate, she may not be protected.

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    Charles Foster

    Immigration Attorney
    Answered on

    Yes, she is protected for the time it takes the USCIS to adjudicate your I-526 petition under the Child Status Protection Act.

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