Wolfsdorf Practice Advisory on EB-5, China Cutoff, CSPA, Age-Out

"Yesterday, I presented the panel discussion at the IIUSA meeting in Washington, D.C. with Charlie Oppenheim, the Chief of the Visa Control and Reporting Division at the U.S. Department of State. He announced the establishment of China EB-5 Cut-off date of May 1, 2013. This China cut-off date will start on May 1, 2015. Therefore, there is a very short window of opportunity until April 30, 2015 to take the necessary steps required by the Child Status Protection Act (CSPA) to “freeze” the derivative child’s age.

As a result of the cut-off date announcement, only I-526 petitions filed before May 1, 2013 can now be scheduled for final interview in Guangzhou, or be allowed to file Form I-485 to adjust status in the U.S.

This Practice Advisory Deals with CSPA Action Items for Chinese Age-Out Cases Only.

Since there are only a few days left before the cut-off date starts on May 1, 2015, the Wolfsdorf Rosenthal LLP office is providing the best possible information based on instructions sent to us by the Chief of the National Visa Center (NVC) last week in response to the questions I asked on March 6, 2015.  The State Department has now published official answers regarding the requirements to seek to acquire permanent residence." - Bernard Wolfsdorf, Apr. 14, 2015.