Can Your Children Still Qualify For EB-5 After They Turn 21?

TL;DR:
Children included in a parent’s EB-5 Visa petition typically must be under 21 years old. However, the Child Status Protection Act (CSPA) can help preserve eligibility after turning 21, depending on USCIS processing times and the child’s Visa status. Timing, strategy, and proper legal filing are essential to prevent “aging out.” Family options may include filing separate petitions, concurrent adjustment, or Consular Processing. Understanding key deadlines and protections is crucial to keeping your family together through the EB-5 journey.

For many EB-5 families, the futures of their children are a central consideration in their decision to invest. Parents often ask, “Will my child still qualify if they turn 21 before our Green Card is approved?”

It is not just a paperwork issue—it’s deeply personal. Timing, legal definitions, and government processing delays all play a role. Let’s explore what “aging out” means and how to safeguard your child’s eligibility.

What The EB-5 Visa Offers To Families

The EB-5 Visa program allows qualifying investors and their eligible family members to gain lawful permanent residence through economic investment in the United States.

The EB-5 program enables investors to obtain lawful permanent residence through a qualifying investment in a U.S. business. Children qualify as dependents when investors include them before the age of 21, provided they remain unmarried during this time.

Investors must establish their children’s eligibility for a Green Card when submitting Form I-526. Any delay can affect a child’s status, particularly in regions where Visa wait times are long.

Knowing this initial eligibility sets the tone for all immigration planning. Next, let’s explore how age defines your child’s derivative status under U.S. immigration law.

When A Child “Ages Out” In Immigration Law

Immigration law imposes a strict age definition for children to qualify under a parent’s Visa. Knowing when your child officially “ages out” is essential to avoid disqualification.

In immigration terms, a “child” is an unmarried person under 21. Once your child turns 21, they typically lose derivative status—unless the Child Status Protection Act covers them.

Aged-out children must pursue their immigration path. It typically means a lengthy wait through the family-based Visa system, with no guarantee of a specific timeframe.

Learning when a child ages out sets the stage for the rest of this process. Now we’ll examine how CSPA can preserve eligibility beyond the 21st birthday.

How The CSPA Helps Preserve Eligibility

The Child Status Protection Act (CSPA) is a legal safeguard for children approaching their 21st birthday. It reduces a child’s legal age based on government processing time, offering continued eligibility under specific conditions.

The CSPA subtracts USCIS processing time from your child’s age when the Visa becomes available. If the adjusted age is under 21 and they apply within one year, they still qualify.

Example Calculation:

 This adjustment is critical to avoid aging out. Now, let’s define the key legal terms you’ll encounter throughout this process to ensure clarity in your next steps.

What Vital Legal Terms To Use

Key legal terms help EB-5 families communicate clearly, file correctly, and avoid errors. Knowing the meaning of these terms will improve your ability to respond to deadlines and instructions from USCIS.

Understanding the following terms helps avoid missteps during the EB-5 process and CSPA age calculation:

• Derivative Beneficiary. Includes a spouse or child in the primary applicant’s Visa petition.
• CSPA Age. A child’s legal age after deducting the petition processing time.
• Form I-526. Immigration petition filed by the EB-5 investor.
• Visa Bulletin. A monthly chart showing Green Card availability by country and category.
• Adjustment of Status (AOS). Obtaining a Green Card from within the U.S.
• Consular Processing. Applying for a Green Card through a U.S. consulate abroad.

With these terms in hand, we can now examine the timing issues that directly impact CSPA eligibility and overall immigration outcomes.

What Factors Impact Eligibility

Several time-sensitive factors determine whether your child qualifies under CSPA. Managing these deadlines correctly is vital to maintaining their derivative eligibility during the EB-5 process.

Timing is the heart of CSPA protection. Each of these dates can affect whether your child remains eligible:

• Filing Date of Form I-526. Earlier filing gives a larger processing-time buffer.
• USCIS Processing Time. Longer processing may help by subtracting more time from your child’s age.
• Visa Availability Date. CSPA is possible only if the child applies within one year of the date of this application.

Once you understand the timeline, it’s time to evaluate the actual Green Card application path based on your child’s current residence.

How AOS Differs From Consular Processing

Children must choose between two application paths. Whether they apply from inside or outside the U.S., each option has its own rules and filing steps.

Children in the United States may apply for permanent residence through Adjustment of Status (AOS) by filing Form I-485. They must:

• Be in lawful immigration status.
• Have a CSPA age under 21.
• File within one year of Visa availability.

Children abroad must use Consular Processing, which involves:

• Completing Form DS-260.
• Attending an embassy interview.
• Entering the U.S. on an immigrant Visa.

Now let’s discuss what happens if you miss these steps or deadlines and how to recover when possible.

What If Your Child Misses The Window

Missing the one-year filing window or exceeding CSPA age has significant consequences. Parents must act fast or risk their child losing derivative eligibility altogether.

Missing the one-year window or exceeding the CSPA age has serious consequences:

• The child cannot immigrate as a derivative of the parent’s immigration.
• You may file a Form I-130 after becoming a permanent resident.
• Wait times vary greatly based on category and country.

If your child is close to the age cutoff, the best course is prevention. That starts with planning and legal foresight, which we’ll explore next.

Strategic Tips For EB-5 Families

Acting early and staying informed gives your family the best chance of staying together. The tips below can help avoid common timing mistakes.

To reduce the risk of aging out:

• File the I-526 petition early.
• Track the Visa Bulletin monthly.
• Monitor I-526 processing times.
• Use the one-year CSPA window wisely.
• Keep your child in a valid status (e.g., F-1).
• Seek legal advice to schedule each step precisely.

Next, learn how wait times vary significantly based on country of origin, and what families can do in those cases.

Special Considerations For Certain Countries

Backlogs affect eligibility for families from certain countries. Knowing your country’s Visa timeline can help you better estimate the risk and plan accordingly.

Some families face longer waits due to Visa caps. These countries often include:

• India.
• China (mainland-born).
• Vietnam.

Children from these countries face a greater risk of aging out. However, families may:

• Apply in Visa set-aside categories (rural/high-unemployment).
• Plan for independent petitions when financially feasible.
• Stay informed through the Visa Bulletin.

With this knowledge in hand, we’ll now explain how our team at Lozano Law Firm helps you navigate it all.

Lozano Law Firm Supports EB-5 Families

Lozano Law Firm in San Antonio, Texas, helps families navigate deadlines, paperwork, and strategies for EB-5 immigration. Our support is personal, consistent, and tailored to your unique timeline.

We evaluate your child’s eligibility, calculate CSPA age, monitor deadlines, and align your strategy with Visa timing. We walk with you each step of the way.

Every family deserves the chance to stay united. Let’s reflect on why timely action matters more than ever in immigration planning.

Act Early, Stay Vigilant

Children aging out during the EB-5 process is avoidable in many cases. With proactive steps and sound advice, your family can stay on track and protect your child’s immigration opportunity.

Each month brings new Visa updates and shifting timelines. We encourage all EB-5 parents to review their case and act now. Contact Lozano Law Firm today, because your child’s future should not depend on timing errors.