When exactly does the child’s age get locked—at the time the I-485 is filed or approved? What if the visa was initially available when I filed the I-485, but then there has been retrogression in the visa category for my country, and the I-485 is adjudicated five years later? Will the age get locked based on the filing date or approval date?
Answers
Bernard P Wolfsdorf
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryIt's locked when filed under current policy.
Lynne Feldman
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryIf it was properly filed when Priority Date was current, then age is locked in at filing.
Yuliya Veremiyenko-Campos
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryYour child’s age is locked at the time of adjustment of status filing. The child’s age does not change after the filing of the adjustment of status application and is considered “frozen” through the final adjudication, even if the visa bulletin retrogresses after the filing.
Belma Demirovic Chinchoy
Find EB-5 Visa Lawyers: Immigration Attorneys DirectoryAt the time of I526/E filing… and for the duration of this petition’s adjudication. Age counties to advance after petitioning final adjudication. Once the child has filed i485, the age is no longer relevant. You have to establish eligibility at the time of filing only.
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