What happens to the ages of dependent children during EB-5 visa administrative processing? - EB5Investors.com

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

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

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.

Ed Beshara

Ed Beshara

Immigration Attorneys
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.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
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.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

Immigration Attorneys
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.

Charles Foster

Charles Foster

Immigration Attorneys
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.

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

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

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
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.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

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

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