Can I lose the EB-5 if my child turns 21?

The EB-5 program is a pathway for investors to obtain permanent residency in the United States, which also allows the inclusion of the spouse and unmarried children under 21 years old as derivative beneficiaries. Thus, it is essential to understand that if during the process the child turns 21, he or she may no longer qualify as a dependent, but this does not affect the principal investor’s status.

In practice, the condition for the child to be included in the EB-5 petition is that he or she must be under 21 years old and unmarried at the time of the application filing. If, for some reason, the child turns 21 while the case is still pending, he or she may ‘age out’ and be removed from the list of beneficiaries. However, this ‘aging out’ does not lead to the investor losing the EB-5 status, but rather prevents the child from obtaining derivative status through this process.

Some situations can be mitigated if protection is available under the Child Status Protection Act (CSPA), a legislation that may, under certain circumstances, freeze the beneficiary’s age for immigration purposes. However, applying this protection depends on a specific analysis of the situation and processing times, making it essential that you consult a specialized firm or professional who knows all the details of the case.

It is worth reinforcing the importance of strictly following U.S. immigration laws, seeking information from reliable sources, and avoiding scams or marketing campaigns that promise miraculous solutions. Each case has its particularities; therefore, paying close attention to deadlines and program requirements is indispensable to ensure that all beneficiaries remain eligible without compromising the investment that originated the petition.

In summary, while the investor maintains the EB-5 status, the child’s eligibility as a derivative beneficiary may be compromised if he or she turns 21 before the process is completed. Therefore, carefully tracking dates and requirements is essential to avoid surprises during the immigration process.

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.