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How are the ages of dependent children calculated after the approval of I-526?

We submitted our I-526 application one month before my daughter turned 21 years old. We are from South Korea and are not subject to any backlog. We know that her age is frozen during the processing of I-526, but what about after the approval? I assume there must be an interval between the I-526 approval date and the date we are issued EB-5 visas. Will her age start to accumulate during this “gap period”?

Answers

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    Dale Schwartz

    Immigration Attorney
    Answered on

    Once the I-526 is issued, she must begin to apply for her visa within one year of the I-526 approval.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    A child's age is frozen and added back for any time period during which I-526 pended. Then you have one year of the priority date to file your child's DS-260. Ensure you work with an experienced immigration attorney to timely file all paperwork for the consular processing case and communicate with NVC about age-out issues.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your daughter should be protected under the Child Status Protection Act during the time the I-526 petition was pending. As soon as your EB-5 petition on Form I-526 is approved, you need to immediately file for adjustment of status for you and your daughter if in the U.S. or for the immigration visa abroad. Her age will continue to run until such time as you have made a follow-up timely filing.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    The age stays frozen for a year to file the visa application after I-526 approval if the visa number is currently open, which, for Korea, it is.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    The time the I-526 is pending is added to her age. She must then submit the DS-260 within one year of her priority date being current. Advise NVC of the aging out when you get the case number.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    For those who are fortunate enough to be free of retrogression, even the kids have I-526 petitions filed right before their 21st birthday *should* be protected throughout the processing time, assuming you proceed through each step as soon as you are able. If you wait to file for CPR with the consulate, you may lose protections.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    It depends. As long as South Korea does not experience retrogression by the time your I-526 is approved, you should be in good shape. Even though once the I-526 is approved your daughter's age will technically be unfrozen, she has one year to start the adjustment of status or consular interview process. It is nice that you are cognizant and well informed about this. Continue to work with your immigration attorney and make sure that time does not lapse unnecessarily. Good luck.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    Age continues to progress after I-526 approval. It is critical that you proceed with the NVC case immediately upon the NVC's issuance of fee bills. Filing Form DS-260 will protect the daughter's status as a child.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    As soon as the case is approved, the child starts to age again, so you must file Form DS-260 and pay the visa fee within one year. If the visa is available or current under the final action date at that time, then the child's age will be frozen indefinitely.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you "seek to acquire" the visa within one year, the age should stay frozen.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Your child's age is "frozen" for immigration purposes while I-526 is pending. The clock starts ticking again as soon as the I-526 is approved. So, unless she can process for the immigration visa in less than one month, she would most likely age out.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The general rule (pursuant to the CSPA) is that a child's age is frozen while the I-526 is pending, but the age will start to accumulate on the date the I-526 is approved. With regards to the interval between the I-526 approval date and eventual issuance of the EB-5 visa, parents must file the adjustment of status or consular interview process within a year after I-526 petition approval. Advisably, right upon approval of the I-526 petition, the immigrant visa must be pursued as soon as possible within a year.

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