Are children who reach the age limit while the DS-260 is pending protected?

The EB-5 has specific rules for the eligibility of derivatives, and a common question is what happens to a child who reaches the age limit while the DS-260 is pending. The answer is not automatic: it depends on how the case fits within the legal protection available.

To be included as a derivative, the child must be unmarried and within the age limit at the time the visa is issued. When the child approaches that limit during the process, the Child Status Protection Act (CSPA) comes into play, a mechanism that may preserve eligibility by factoring the petition’s processing time into the calculation of the beneficiary’s age.

• CSPA protection is not automatic.
• It depends on proper documentation and meeting the applicable requirements.
• If the conditions are not met, the dependent may lose the derivative benefit.

Because the calculation is sensitive to the specifics of each case, it is advisable to confirm the dependent’s situation with USCIS and qualified professionals, rather than relying on assumptions about how the case qualifies.

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Victoria Harper

Editor-in-Chief

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.