Can 20-year-old children come as dependents but turn 21 during the process?

Obtaining dependent status in the EB-5 process, especially regarding the age of children, is a topic with very specific rules that deserves attention. In general, for a child to be considered a dependent in U.S. immigration processes – including the EB-5 category – the child must be under 21 years old and legally unmarried.

In the presented case, if a child is 20 years old at the start of the process but turns 21 during the progression of the case, complications may arise. This is because immigration authorities usually consider the dependent’s age at the time of visa issuance or final adjustment of status. If the child ‘ages out’ beyond the established limit (21 years) at any critical stage of the process, he or she risks no longer being eligible as a dependent, which could impact their inclusion in the investor’s petition.

However, there are legal provisions, such as the Child Status Protection Act (CSPA), that in some cases can mitigate this issue, allowing the dependent’s eligibility to be ‘frozen’ if the petition was filed while they were still under 21. Nevertheless, the application of the CSPA depends on specific case details and how deadlines and procedures are met – and it is not always automatic or applicable in all EB-5 situations.

For this reason, it is essential that the investor and their family keep all documentation up to date and pay close attention to the immigration deadlines to avoid surprises during the process. It is always worth emphasizing the importance of strictly following U.S. immigration laws, seeking detailed information, and consulting qualified professionals in the field – thus avoiding scams or marketing campaigns that promise miraculous solutions.

Each case has important particularities and therefore extra care can make a difference in the process’ success. In summary, it is recommended to monitor the dependent’s age throughout all EB-5 phases. If the child may ‘age out’ during the process, this could jeopardize their dependent status. Therefore, careful analysis of the timeline, along with verification of legal requirements (including the possible application of the CSPA), is essential to avoid setbacks.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.