My son turns 21 one month before the green card. Does he lose eligibility?

It is important to understand that, in the EB-5 immigration process, the investor can include the spouse and unmarried children under 21 years old as derivative beneficiaries. Therefore, when the child turns 21 before the green card is issued, there may be an impact on his eligibility as a dependent.

In many cases, if the child turns 21 before the completion of the entire immigration process and no additional legal measures have been taken, he may indeed lose the status of a derivative dependent. However, the Child Status Protection Act (CSPA) provides, in certain situations, the possibility to ‘freeze’ the dependent’s age, considering the date the petition was filed. This protection can sometimes prevent ‘aging out’ (when the dependent loses eligibility due to exceeding the age limit) even if the green card is granted after the child turns 21.

The application of the CSPA depends on several factors, such as the filing date of the petition (for example, Form I-526 in the EB-5 process), the visa availability dates, and any measures taken to preserve the child’s status.

In summary, if the initial petition was filed while your son was still under 21, and if all necessary steps were executed promptly, there may be CSPA protection that prevents him from ‘aging out’ and losing eligibility. Otherwise, he risks no longer being considered a derivative dependent.

Remember that the immigration process is governed by strict rules, and it is essential to comply with United States immigration laws, as well as to seek guidance from specialized professionals and avoid fraudulent schemes or miracle promises of results. Each case has its particularities, and careful monitoring is essential to clarify any doubts regarding deadlines and requirements.

This information is intended for informational purposes only and does not replace personalized legal advice. It is always prudent to contact qualified professionals for a complete analysis of your case.

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.