Is there an age limit for my derivative children?

The EB-5 visa is an investment alternative that allows investors and their families to obtain permanent residency in the United States. Within this program, it is possible to include spouses and children as derivative beneficiaries, but there are specific rules regarding the eligibility of these dependents. Generally, for a child to be considered derivative in the EB-5 process, he or she must be under 21 years old and unmarried at the time the petition is filed.

However, U.S. legislation takes into account the Child Status Protection Act (CSPA), which can help ‘freeze’ the age of the dependent if they become eligible to be included in the process, even if their birthday occurs before the procedure is completed. In other words, if the child was qualified as a dependent when the petition was submitted, it is possible that they continue to be considered eligible even if they turn 21 during the process, provided that the legally stipulated requirements are met.

It is essential to remember that strictly following U.S. immigration laws is imperative. Therefore, it is always recommended to seek updated information and advice from specialized institutions or professionals – avoiding scams or being misled by marketing campaigns that promise guaranteed results. This caution is essential so that you and your family can make safe decisions aligned with current regulations.

We hope this explanation helps clarify the doubt about derivative children’s eligibility in the context of the EB-5. Staying well informed and following the appropriate legal guidelines is the best way to avoid future complications in 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.