My child may reach the age limit before the green card is issued. Will they lose eligibility?

It depends. In EB-5, the investor can include a spouse and unmarried children within the age limit as derivative beneficiaries. When a child reaches that limit before the green card is issued, their eligibility as a dependent may indeed be affected.

This is known as aging out: when a dependent exceeds the age limit and is no longer considered a derivative. If this happens before the process concludes and no protective measures have been taken, the child risks losing their dependent status.

There is, however, a legal protection: the Child Status Protection Act (CSPA). In certain situations, it allows the dependent’s age to be ‘frozen’ based on the progress of the case, which can prevent aging out even if the green card is issued later. The application of the CSPA depends on several factors, such as when the petition was filed, visa availability, and timely action taken by the applicant.

• The age limit and unmarried status define who qualifies as a derivative beneficiary.
• Aging out can remove that status if the process is prolonged.
• The CSPA can preserve eligibility in specific cases.

Because this calculation is sensitive to timing and each case has its own particularities, verify your situation with USCIS or a qualified immigration professional. This content is informational and does not replace legal advice.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.