How to calculate the age of EB-5 children in the United States

Recently, EB-5 in the United States has attracted a lot of attention, so how is the age of children scheduled by EB-5 in the United States calculated? How to calculate? Let's take a look at it with the overseas immigration network! Welcome to reading.

Description of EB-5 children's age calculation in America

1, Over-age Children Protection Act (CSPA)

The Immigration Law stipulates that children under the age of 2 1 can immigrate with their parents as deputy applicants. However, some children's physiological age is gradually increasing while waiting for the hearing of the Immigration Bureau, exceeding 2 1 year, and they are faced with the situation that they cannot immigrate with their families. In order to safeguard the interests of these children, in 2002, Congress passed the Law on the Protection of Over-age Children to protect them from slow trials.

2. What kind of children can enjoy the over-age protection?

2015118 foreign affairs guide 9 FAM 502. 1- 1(D)(4) The calculation method of CSPAGE (protection age for overage children) is clarified:

9 FAM 502. 1- 1(D)(4) Calculation of the priority category and the CSPA age of the derivative request.

(CT:VISA- 1； 1 1- 18-20 15)

(previous position: 9fam42.42n12.4; CT:VISA- 19 10 10-02-20 12)

A. For the priority category and derivative application, the "CSPA age" is determined on the visa date, or in the case of derivative beneficiary, on the date when the visa of the main foreigner becomes available (that is, the priority date becomes the current date in the final litigation date of the application and the date when the application is approved, whichever is later). The CSPA age is the result of subtracting the number of days (from the date of receipt to the date of approval, including any administrative review period) of the pending IV application from the applicant's actual age on the date when the visa is available. You should note that in some cases, such as employment preference cases based on submitting alabor certification, the priority date is different from the application submission date. Application submission date and application approval date are the only relevant dates.

The Foreign Affairs Manual (FAM) stipulates that a child's CSPA age can only be calculated when the visa of the main foreigner becomes available.

The calculation method is: the actual age of the child when he gets the visa quota -I-526 probation time = CSPA age.

3. How to define the time for obtaining a visa quota?

FAM wrote: among the final action dates of the application, the priority date takes effect and the priority date is approved, while Camel later.

In other words, whichever is later, the scheduled time or the I-526 adoption date is the time to obtain the visa quota.

The arrival date here refers to the first day of the month when the investor's priority date is earlier than the deadline in Appendix A of the visa.

For example, the investor's priority date is 2014 65438+1October 30th.

2065438+March 2006, the deadline of the schedule in Table A is 2065 438+20041October 22nd, and the priority date is later than the deadline, so the schedule has not yet arrived.

2065438+April, 2006 The deadline of Schedule A in Table A is 2065438+February, 2004 1, and the priority date is earlier than the deadline. The applicant's schedule is 2065438+April 2006 1.

Therefore, for the investors who applied for approval of I-526 before the timetable of May/October/October/October, 2005, there was no timetable at that time, and there was no question of approval or not. Date of obtaining visa quota =I-526 date of adoption.

CSPA Age =I-526 Age of the child at the time of adoption -I-526 Trial time =I-526 Age of the woman at the date of submission.

So as long as the child is less than 2 1 year old when submitting the I-526 application.

However, for investors whose I-526 application was passed after May 20 15 1, because I-526 is usually passed at the scheduled time, the date of obtaining the visa quota = the scheduled date.

CSPA age = the actual age of the child at the scheduled time -I-526 listening time

At this time, CSPA is old; 2 1 year over age.

It must be reminded that within one year after the visa is available, you must complete the action of Seek Acquire (that is, submit an application for DS-260 or I-485) in order to successfully obtain an immigrant visa.