Will the children of EB-5 investment immigrants in the United States be too old to accompany immigrants? How to calculate the child's age?

The children of EB-5 investment immigrants in the United States may be too old to accompany immigrants.

According to the regulations, children under the age of 2 1 can immigrate to the United States with their parents.

The calculation method of the age of American immigrant children is as follows:

1.？ If the applicant's child is younger than the age when I-526 is submitted, and the visa scheduling time is longer than 2 1 year, then the child is over age.

2. On the contrary, if the child's age when submitting I-526 is less than the trial time of I-526 and the visa schedule time is less than 2 1 year, the child will not be over-aged.

For example, if the EB-5 applicant's children are American investment immigrants, they are 20 years old when submitting the I-526 application, and the trial time of I-526 is 10 month, then the age should be 20 years old-10 month +25 months (according to the visa schedule of 20 16 April) In this case, the applicant's children are over age.

If the applicant's children are also 20 years old when submitting the I-526 application, but the trial time of I-526 is 16 months, then the age should be 20 years old-16 months +25 months (calculated according to the visa schedule of 20 16 April) = 20.75 years old. Then none of the applicant's children are over age.

According to the provisions of the US Child Immigration Status Protection Act, EB-5 applicants who invest in the United States can take the following measures if their children may be over-aged:

Pay the application fee as soon as possible after receiving the visa application fee bill;

If you don't receive the payment form of visa application fee, ask the US Visa Center for the payment form and submit the DS-230 form. Even if the US visa center finally refuses to accept it, its refusal can also be used as evidence of the move of "applying for immigration status". Applicants need to keep all receipts, arrival confirmation certificates, receipt envelopes, etc.

Submit form I-824;

If the applicant is in the United States and is eligible to submit an application for I-485 status adjustment, it is best to submit the I-485 form as soon as possible, which is the best way.