The EB-5 Immigrant Investor Program is a popular route to U.S. permanent residency for individuals and families willing to invest in the U.S. economy. While the program offers a clear path for investors, many families express concern about one crucial issue: Will my child be too old to qualify by the time our green cards are approved?
Thanks to the Child Status Protection Act (CSPA), many families can breathe a sigh of relief. This important piece of legislation ensures that certain children who may otherwise “age out” (i.e., turn 21 and become ineligible as dependents) are still eligible to receive a green card with their parents—even if the process takes longer than expected.
What Does “Aging Out” Mean in the EB-5 Context?
Under U.S. immigration law, a “child” is defined as an unmarried individual under the age of 21. In the EB-5 program, the principal applicant (usually the parent) may include their spouse and children under 21 on their application.
However, immigration processes can take time. If the child turns 21 before a green card is issued, they might technically age out—meaning they would need to file a separate application or become ineligible altogether.
This is where the CSPA comes in to protect dependent children.
How Does the Child Status Protection Act (CSPA) Work?
The CSPA was enacted to address the lengthy backlogs and delays common in family- and employment-based immigration categories. For EB-5 applicants, the CSPA allows the child’s age to be “frozen” at the time the I-526 petition is filed—as long as certain criteria are met.
Here’s how it works in practical terms:
Example:
- A family submits their I-526 petition when their child is 20 years and 8 months old.
- The I-526 petition takes 14 months to be approved.
- By the time it’s approved, the child is now 22 years and 2 months old.
Without the CSPA, the child would be ineligible as a dependent.
With the CSPA, the child’s age is calculated as:
- Actual age at visa availability minus time I-526 was pending.
- So in this case: 22 years and 2 months – 14 months = 20 years and 12 months → still considered a “child” under immigration law.
Key Requirements for Age-Freezing to Apply
While the CSPA offers great protection, it is not automatic and comes with certain conditions:
- Timely Filing: After the I-526 petition is approved and the visa becomes available, the child must seek to acquire lawful permanent resident status within 1 year (typically by submitting the DS-260 or adjustment of status application).
- Unmarried Status: The child must remain unmarried through the entire process.
- Principal Applicant Dependency: The child must remain as a derivative applicant under the parent’s petition.
Why This Matters for Families Considering EB-5
For many international families, securing a future for their children in the U.S. is a primary motivation behind EB-5 investments. Age-freezing helps ensure that children who are in their late teens or early twenties when the process begins can still benefit from the green card.
This is especially critical given that visa backlogs in high-demand countries like India and China can delay the process for several years. Families from these countries should consult immigration professionals to understand whether the new EB-5 Reform and Integrity Act (RIA) provisions—like priority processing for rural projects—can further mitigate these delays.
Proactive Steps to Protect Your Child’s Eligibility
To ensure your child doesn’t age out of eligibility during your EB-5 journey, consider the following:
- Start early: File the I-526 as soon as you are investment-ready.
- Choose a rural project: These qualify for set-aside visas and faster processing times.
- Track your child’s age closely: Work with professionals who understand CSPA calculations.
- Prepare all documentation in advance: Ensure no delay in filing the DS-260 or adjustment once the visa is available.
Conclusion
The age-freezing protection under the CSPA can be a lifeline for families, helping them keep their children united on the path to U.S. permanent residency—even when delays occur. With the right planning, the EB-5 program can provide long-term security and opportunity for the entire family.
If you’d like more information or want to explore EB-5 options tailored to your family’s needs, our team at Sternon Group is here to guide you through every step of the process.
