What should I do if my children apply for the US EB-5 immigration program?

One of the most painful consequences of visa scheduling for EB-5 applicants in Chinese mainland is the problem of children (deputy applicants) being over-aged.

There are not many opportunities before the deadline set for Chinese mainland investors in May, 20 15? Seeking an acquisition? Permanent resident status, can this measure be effective? Freeze the age of the child? . However, as the schedule exceeds 30 months and becomes longer, even though many applications have been waiting for 1-2 years, the priority date or submission date of I-526 applications may be different from the time of approval. Currently? , so take? What do you want? Measures cannot effectively freeze the age of children. Therefore, unless the children are 17 years old or 18 years old at the time of submission, most children aged 20 and many children aged 19 may be over-aged.

Therefore, in the hundreds of I-526 applications of 20 14 and 20 15, many children of the approved persons who failed to take measures before 20 15 may be over age. This is because children, as deputy applicants, must obtain a green card before reaching 2 1 year. With the increasing backlog of visas in Chinese mainland, how will these children be affected? Over age? Didn't get a green card.

The Child Identity Protection Act (CSPA) provides a solution that allows applicants? Freeze? Acting for the age of the applicant's children to protect them from the risk of over-age. However, it is not easy to meet the requirement of CSPA to lock the age of prospective applicants. Practitioners and EB-5 families must travel between the State Council (DOS) departments and keep up with the change guidelines.

If you want to go through the freezing procedure through CSPA, the following are the important contents to know:

Basic knowledge of CSPA.

CSPA allows the actual age of the sub-applicant to be deducted from the waiting time of I-526 application. The CSPA age refers to the actual age of the child on the date of obtaining the visa (according to Table A, it can be the date when the application is approved or the first day of the month) minus the waiting time of the application. However, CSPA does not allow the deduction of the child's actual age from the time the I-526 application is approved to the time the visa takes effect, unless measures are taken to freeze the child's age when the visa takes effect. There is no timetable before May, 20 15, but now, when the applicant is approved by I-526, its priority date will usually not become current.

Lock in the CSPA era.

In order to effectively lock the age, the child must be within 1 year after the visa is available? What do you want? Permanent residency.

How to lock it?

Previously, FAM proposed three main methods to lock children's age:

? Submit DS-260 form, but DS-230 form is also allowed;

? If the principal applicant changes his identity in the United States and the children of the deputy applicant seek a visa, they can submit the I-824 form;

? If both the principal applicant and the child are legally in the United States, they can submit the I-485 form to change their status. If only the main applicant submits I-485, the age of the child cannot be locked.

The State Council's guidance also said that paying the consular visa fee is enough? What do you want? Of course, you can't pay unless you send a charge notice, but in many cases DOS won't send a charge notice. The issuance of expense notice is random and unpredictable.

20 16 April 15 policy memorandum.

Following the BIA (Immigration Appeals Board) decision, the United States Immigration Service (USCIS) published a guide on Vazquez, clarifying the CSPA locking procedure. It is worth noting that the guide recommends paying the visa application fee (rather than submitting the actual visa application)? Maybe? Are you satisfied? What do you want? Requirements.

Changes in the new rules.

After DOS (Visa Office of the State Council, USA) revised and re-established FAM and visa modernization plan created visa bulletin tables A and B, the locking rules of CSPA changed. 9 FAM 502. 1- 1(d)(6) The new rules are as follows:

? While submitting the DS-260 form to freeze the child's age, the applicant cannot submit the DS-230.

? Pay the visa fee? what's up Meet the requirements you want to achieve.

Current problems.

Although FAM has some new rules, it is actually much more difficult to follow them than it seems. To submit DS-260 and pay the fee, the National Visa Center (NVC) must send a fee notice to each family member. However, if NVC thinks that the child is over age, it will not issue a charge notice to the child. Therefore, it is impossible for families who cannot submit I-485 to complete the locking procedure. In contrast, the DS-230 form is a paper form, which can be filled out even if NVC has not issued a fee notice. It is also common not to give your child an interview appointment notice. It is wise to inform the USCIS derivative beneficiaries that they will seek consular procedures at the I-526 stage and provide copies of passports, birth certificates and ID cards, so that when the case is forwarded to NVC, the corresponding fee notification number will be issued.

More questions.

Even if the locking procedure is completed perfectly, the challenge for the applicant becomes how to prove this to the consular officer. Expired DS-230 forms will not be entered into the central database, so consular officials don't know whether proper locking procedures have been carried out. Similarly, although I-824 will be submitted, USCIS will not automatically notify DOS that the form has been submitted.

Solution.

In this case, it is necessary to ask for the expense notice frequently. If the child is not in the interview notice, the practitioner must contact the consulate to issue a legally binding summary to support the statement that the child is not over age and provide evidence to prove that the locking procedure has been completed. It should be pointed out that the final age of the child should be decided during the interview, not before.

Many applicants who met the requirements of CSPA before 1.5 years will find that the measures they have taken may no longer meet the current requirements of CSPA. Therefore, their immigration lawyers are very aware of the rules of these changes, so as to effectively advocate and present favorable evidence to prove that the age of their children was indeed frozen by CSPA before NVC and Doss.