How do American investment immigrants protect their children's age

Firstly, it lists several nodes in the process of immigration in the United States: as a prospective applicant, the effective age of the child at the interview cannot exceed 2 1 year. Let's analyze how to calculate the effective age of a child.

Rules of "freezing" children's age in the process of EB-5 application for American immigrants

Facing the scheduling problem of EB-5 in Chinese mainland, the most direct influence is the age of children of affiliated applicants. If the child is over 2 1 year old before obtaining permanent status in the United States, then the child will not be able to immigrate to the United States as a subsidiary applicant.

In order to help more China applicants to immigrate to the United States smoothly, the US government provided their children with two "frozen age" opportunities before the applicants obtained the US green card!

1 and I-526 are under approval.

The child's age is frozen during the I-526 application period until it is approved.

2. "Request" fixes the age again.

According to the Child Protection Law, there are usually three situations of "seeking contact":

Case A: When I-526 was approved, the visa center had enough immigrant visa places.

In this case, the age of the child will continue to be frozen until the immigrant visa is obtained by applying to the US Immigration Service for "seeking acquisition". And in this case, even if the applicant has regressed after submitting DS-260/I-485, the age of the child is still in a "frozen" state until the immigrant visa is obtained.

Case B: When I-526 was approved, the number of immigrant visas in the visa center had been used up.

This is a common problem for Chinese mainland applicants. In this case, the child's age will be unfrozen after his I-526 is approved, and the child's age can be frozen again by applying for "seeking to obtain" until another visa quota is available. In other words, if the child's "adjusted age" ("actual age" minus "I-526 approval time") has reached 2 1 year, he/she will no longer be able to apply for immigration to the United States as an affiliated applicant. Therefore, Bian Xiao suggested that it is safest to control the age of children's application at 18 and below!

Case C: When I-526 was approved, there were enough immigrant visa places in the visa center, but the child's schedule was reversed before the DS-260/I-485 form was submitted.

In this case, the child's age will be unfrozen until a new visa quota is available.

If the age of the child in the first application stage is 19 years old and 10 months, at the current rate, the child will be 19 years old and10 months in the second application stage. According to the audit regulations, the waiting time between the second application stage and the third application stage is the freezing time, which cannot belong to the effective age of the children. Therefore, in the third application stage, the effective age of children is still 19 years old and 1 1 month. The waiting time between the third application stage and the fourth application stage shall be included in the effective time. At the current speed, the waiting time from the third application stage to the fourth application stage is about 12 months, so in the fourth application stage, the effective age of the child is 20 years old, 1 1 month. Although the actual age of the child is over 2 1 year, but the effective age is less than 2 1 year, you can apply together.

According to the current total number of applicants, the waiting time between the third application stage and the fourth application stage will increase if there is a schedule for going abroad. If the child's effective age at the interview stage is over 2 1 year, the child cannot apply together.

Before introducing the calculation method of children's age after American investment immigrants are scheduled, let me explain the simple process of EB-5 investment immigrants in the United States. After the investment is completed (after the money is remitted to the regional center), the applicant shall submit an I-526 application (I-526 petition). After receiving the I-526 form submitted by the applicant, USCIS will send the applicant a receipt of the I-526 form, which will show the priority date, that is, the date when the immigration department accepts your I-526 application.

After that, the Immigration Bureau will conduct a series of audits on your I-526 application, and if necessary, it will ask the applicant or the project party to submit more materials. After this process is completed, the Immigration Bureau will make a final decision on whether to approve or reject your I-526 application. If the Immigration Department passes your I-526 application, they will send an approval letter, but this is not your temporary green card. After I-526 is passed, the green card application will begin. If you are in the United States, you can submit the I-485 form to the Immigration Bureau and apply for adjusting your status. If you are outside the United States, you need to submit DS-260 to the National Visa Center (NVC), and then NVC will arrange for you to apply for an immigrant visa at the local American consulate and get an EB-5 visa before you can enter the country. The processing time of green card application depends on the timetable.

According to immigration experts, the US immigration law clearly stipulates that spouses and unmarried children under the age of 2 1 can apply for immigration with the main applicant. When the visa is not scheduled, the calculation of the child's age will stop from submitting the application materials to obtaining the I-526 visa, which means that the child's age is based on the submitted materials, so even if the child is over 265,438+0 years old during the processing, it will not affect the application.

But now that the visa is scheduled, the child's age will only be frozen during the I-526 trial. When I-526 passes, the child's age will be recalculated. Therefore, if the application is arranged, then the deputy applicant at the key age point is likely to be too old to apply with him.

Moreover, in June last year, the Supreme Court of the United States recently ruled that children who are waiting for immigrant visas with their parents will no longer be eligible to apply once they reach the age of 265,438+0. Unless there are very special circumstances, the federal immigration law will allow adult "children" to keep their original schedules.

Immigration experts suggest that if the investor's children are close to 19 years old, it is recommended to start preparing the application now to avoid the problem of over-age; If the child is over 19 years old, it is recommended to apply separately in the name of the child. After a child becomes an American citizen, he will apply for a green card for family reunion for his parents to achieve the purpose of family immigration.