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.
The moment you filed the I-526, the general rule of law, under the CSPA, is that her age has been frozen until your I-526 is approved. Upon approval though, you must proceed to the next step within two years to avoid the age-out rule being applied to her. Advisably, make sure you consult an EB-5 attorney to make sure all the right steps are taken.
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.
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.
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.
Yes, she is protected for the time it takes the USCIS to adjudicate your I-526 petition under the Child Status Protection Act.
Unless she files a DS-260 and interviews at the consulate, she may not be protected.
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.
She will still be protected under the Child Status Protection Act.
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