What happens to an EB-5 dependent who turns 21 years old during consulate processing? - EB5Investors.com

What happens to an EB-5 dependent who turns 21 years old during consulate processing?

I attended the EB-5 visa interview with my son at the U.S. consulate six months ago. During the interview, we were told to bring proof of residence and bank statements. We mailed back our passports and the required paperwork. One month later, the consulate informed us to submit new medical reports because the ones we provided during the interview have expired. It could take two months for us to get new reports. However, my son will turn 21 next month. Will he still be eligible as an EB-5 dependent?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

Immigration Attorneys
Answered on

Since you likely filed the DS-260 forms and paid the visa fee, you child&#39s age should be frozen by the Child Status Protection act. Check with your counsel to be sure.

Hassan Elkhalil

Hassan Elkhalil

Immigration Attorneys
Answered on

Yes, your son will still be eligible to receive the EB-5 visa with you.

Julia Roussinova

Julia Roussinova

Immigration Attorneys
Answered on

Any time from an I-526 petition that was pending is subtracted from your son&#39s biological age. Then DS-260 must be filed timely. Your immigration attorney should have talked to you about the Child Status Protection Act computation. He or she should also work with the U.S. embassy to remind them of CSPA/age-out issues as applicable in your case.

A Olusanjo Omoniyi

A Olusanjo Omoniyi

Immigration Attorneys
Answered on

The dependent child will still be eligible as an EB-5 dependent and he should be able to obtain a visa and enter the US.

Barbara Suri

Barbara Suri

Immigration Attorneys
Answered on

The Child Status Protection Act allows for the time an I-526 Petition was pending to be subtracted from the beneficiary’s biological age at the time a visa becomes available, so the beneficiary is not penalized for the time the petition was pending with USCIS.

BoBi Ahn

BoBi Ahn

Immigration Attorneys
Answered on

While the I-526 is filed and pending, your son&#39s age is "frozen," and any time spent thereafter in processing can be subtracted from his age when approved. You should inform the consulate of the CSPA and your son&#39s age, but he should be fine to process.

Fredrick W Voigtmann

Fredrick W Voigtmann

Immigration Attorneys
Answered on

Your son&#39s continuing eligibility will depend upon whether he can be considered a dependent under the Child Status Protection Act (CSPA). The CSPA provisions are fairly complex and require knowledge and experience of immigration law. You should contact an immigration attorney experienced in EB-5 matters to advise you of your son&#39s situation and how to protect his eligibility.

Charles Foster

Charles Foster

Immigration Attorneys
Answered on

Your son, who turns 21 next month, may still be protected under the Child Status Protection Act. For example, the time that the EB-5 petition was pending or after you applied for your immigrant visa may be subtracted from your son&#39s age.

Salvatore Picataggio

Salvatore Picataggio

Immigration Attorneys
Answered on

He should be fine if you are already at the interview stage. Filing the I-526 petition before the 21st birthday "locks in" the child even if they turn 21 later (that protection doesn&#39t last forever, but, again, if you&#39re already at the interview stage and he is just turning 21, you should be fine).

Marko Issever

Marko Issever

EB-5 Broker Dealers
Answered on

Most likely, yes. Back when you filed the I-526 petition his age was frozen. The only way his age would have been unfrozen was if you had not had a chance to apply for consular processing application upon the I-526 approval for over one year due to retrogression. Since you don&#39t seem to have been born be in one of the countries that is experiencing retrogression, your son should be fine!

Lynne Feldman

Lynne Feldman

Immigration Attorneys
Answered on

Need to do the CSPA analysis. Should be fine but remind the consular officer of the age out concern.

Sally Amirghahari

Sally Amirghahari

Immigration Attorneys
Answered on

Yes. He will still be eligible to get his EB-5 visa, so long as he was under 21 when you filed and received your I-526 petition receipt from the USCIS.

Blake Harrison

Blake Harrison

Immigration Attorneys
Answered on

You will be able to subtract the amount of time that the I-526 was pending with USCIS from your son&#39s biological age. Thus, he could still qualify for a conditional green card even if his biological age is greater than 21 years old.

Mitch Wexler

Mitch Wexler

Immigration Attorneys
Answered on

He will still be eligible. His age "freezes" during the period of time the I-526 petition was pending and beyond, in many cases.

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