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Will aged-out EB-5 dependents be moved to a family-based immigration category automatically?

My I-526 was approved two years ago. Due to the backlog, I could not proceed with the application and my dependent son has aged out. Will he be moved to the family-based immigration category automatically based on the approved I-526? If so, what is the new priority date of his case?

Answers

• Bernard P Wolfsdorf

  Immigration Attorney

  Answered on March 4, 2019

  No, your relative must file an I-130 with qualifying evidence in order to obtain immigration benefits.

• BoBi Ahn

  Immigration Attorney

  Answered on February 27, 2019

  No, if you qualify for a family-based category as an aged-out child, a separate petition will have to be filed with the USCIS.

• Marko Issever

  EB-5 Broker Dealer

  Answered on February 25, 2019

  I am sorry that this happened to your son. The process is not automatic at all. You have two options. Your son could either file on his own through other methods, such as his own EB-5 application. This would most likely be the fastest method but costly. You could also sponsor him as his parent under F2B when you become a conditional permanent resident. Unfortunately, though, the priority dates published by USCIS on January 2019 for the F2B category is 22 March 2014 right now for citizens of countries other than Mexico and Philippines. Those two countries are even more backlogged. The priority date is generally the date when the relative properly filed the immigrant visa petition on behalf of the applicant with USCIS.

• Vaughan de Kirby

  Immigration Attorney

  Answered on February 22, 2019

  It is very unfortunate that your son has aged out! He will not automatically be moved to family-based immigration. You will need to file a new application for him with the help of your investment immigration attorney.

• Mark AM Catam, Esq

  Immigration Attorney

  Answered on February 22, 2019

  It is not automatic. A family-based petition would be a separate petition you can file on behalf of your son once you become a permanent resident (I-130 petition). This is not automatic; you would have to file it.

• Stephanie Lee

  Immigration Attorney

  Answered on February 22, 2019

  Nothing is automatic. You have to file the petition of I-130. You can subtract the time for the I-526 petition process from the child's biological age at the time an EB-5 visa becomes available. If the child is aged out from the calculation, you have to file the family-based petition.

• Julia Roussinova

  Immigration Attorney

  Answered on February 22, 2019

  No, dependents are not moved automatically. Once you have immigrated to the U.S. as a conditional permanent resident (once your priority date is current and you completed immigrant visa consular processing if abroad), you can file for your adult unmarried son under F2B family-based category with its own priority date or your aged-out son will have to either file his own EB-5 petition or determine other, possibly quicker immigration options in his own name upon a consultation with an immigration counsel.

• Lynne Feldman

  Immigration Attorney

  Answered on February 22, 2019

  No, they will not you need to file an I-130 petition for each.

• Salvatore Picataggio

  Immigration Attorney

  Answered on February 22, 2019

  If he has completely aged out of CSPA, then he would need a completely separate petition. USCIS does not change processes on anyone's behalf.