Julia Roussinova
Immigration AttorneyIt is possible that she may age out due to longer immigrant visa retrogression for Indian nationals. Any period I-526 petition is pending will be subtracted from her biological age under CSPA, but you must be able to file DS-260 or AOS after I-526 is approved to avoid the age-out issue. If an immigrant visa is unavailable, you will not be able to do that, which is likely the case. Alternatively, she needs to file as the principal EB-5 investor and also face processing times and retrogression unless the law is changed and derivatives are removed from EB-5 visa quote counts. She may also look for other immigration options.