Enterline & Partners Consulting | info@enterlinepartners.com

Search
Close this search box.

Will The New EB-5 Processing Policy Help Children Who Might Otherwise Age Out?

United States Citizenship and Immigration Services (“USCIS”) recently announced it would change the way it will processes I-526 Petitions (“petitions”) for EB-5 investors. Called a Visa Availability Approach, (“VAA”) this process will apply to all petitions filed after March 31, 2020.

During a March 13, 2020 public stakeholders meeting, USCIS discussed how the new processing will work.

For petitions filed by investors from countries for which there is a backlog/waiting list for visa availability (China, Vietnam and India), the Investor Program Office (“IPO”) will not assign a petition to an examiner until the priority date is close to becoming current for that petition. The IPO will track the Department of State Visa Bulletin, Table B “Dates for Filing”, and when the priority date becomes current on Table B, the petition will be assigned to an examiner {EAP article explaining PDs, Table A and Table B}.

The new policy could have a positive impact on any children that might be close to aging out because a child’s age is frozen when a petition is filed and only begins to advance when the petition is approved. For example, a Vietnamese investor that might wait 6 or 7 years for a visa to become available. If the investor’s petition is approved in 2 or 3 years, the child’s age will begin moving forward quicker and the child might age out earlier. If the petition is not adjudicated for 5 or 6 years, the child’s age will stay frozen during this time and the child will be less likely to age out. This will allow for older children to remain eligible for a longer period and increase the chance they can immigrate with the parent. Although potentially beneficial to investors who have teenage children, it will be difficult to accurately predict at what age a child might be considered safe when filing a petition.

Enterline and Partners managing partner David Enterline has many years of experience representing EB-5 investors and can help you navigate the complex process. If you have any questions about this VAA or the EB-5 immigrant investor visa, please contact us at:

 

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
3F, IBC building
1A Cong Truong Me Linh Str.
District 1, HCMC, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
Website: http://enterlinepartners.com

Manila, Philippines Office
Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

CATEGORY
time
recent posts
CTA_Collection

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Federal Judge Strikes Down Parole-in-Place Program

A U.S. Federal Court Judge has struck down Parole-in-Place following an earlier decision granting the State of Texas and fifteen (15) other states an administrative stay two months ago. Judge J. Campbell Barker of the Eastern District of Texas ruled that the program, which would fast-track permanent residency to certain undocumented immigrants to obtain lawful permanent residents who are spouses and stepchildren of U.S. citizens, “exceeded its statutory authority and is not in accordance with the law.”  Judge Barker further added that the program “focuses on the wrong thing, in identifying ‘significant public benefits’- the benefits of aliens’ new legal status – rather than their presence in the country.”  At the time of publishing this article, it is unclear whether the Biden Administration will appeal Judge Barker’s ruling.  For more information on this ruling, please contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING    Ho Chi Minh City, Vietnam Office    146C7

Read more >

What is a K-3 Nonimmigrant visa?

A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to shorten the time that a foreign spouse is separated from his or her U.S. citizen spouse during the immigration process. The K-3 visa is specifically for foreign spouses of U.S. citizens who have already filed their I-130 Petition but have not received an approval. In order to file for a K-3 visa, the U.S. citizen spouse must first file an I-130 Petition with USCIS. Afterwards, the U.S. citizen spouse files a Form I-129F Petition for Alien fiancé(e). (“I-129F Petition”) with supplemental documentation.  If the I-129F Petition is approved before the I-130 Petition, the foreign spouse can consular process for a

Read more >

Can I send my Absentee Ballot to a U.S. Embassy or Consulate for the Upcoming Presidential Election?

We have previously discussed who is eligible to vote in U.S. elections and how American citizens abroad (i.e. Vietnam, the Philippines, and Taiwan) can send their ballots by mail or use designated dropboxes to vote for their presidential and state and local candidates. U.S. citizens who are unable to physically drop off their ballots at certain locations in Vietnam, the Philippines and Taiwan may also mail their ballots directly to the U.S. Consulate in Ho Chi Minh City, the U.S. Embassy in Manila, or the American Institute in Taiwan in Taipei at the following addresses: U.S. Consulate Ho Chi Minh CityAmerican Citizen Services Unit4 Le Duan Blvd. District 1Ho Chi Minh City, Vietnam U.S. Embassy ManilaAmerican Citizen Services Unit1201 Roxas Blvd.Manila, Philippines 1000 American Institute of TaiwanAmerican Citizen Services Unit100 Jinhu Road Neihu DistrictTaipei, Taiwan 114017 When sending sealed ballots to the addresses above, registered voters will need two envelopes.

Read more >