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OAKVILLE · EB-5 FIELD GUIDE

What happens if a child turns 21 while EB-5 is pending?

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THE DIRECT ANSWER

A birthday alone does not answer the outcome: applicable CSPA rules may preserve eligibility, but protection is not automatic in every case. The child must also satisfy the other derivative requirements, including remaining unmarried.

Reassess at the relevant events

Notify counsel as visa availability, petition status or processing plans change. Ask whether a required step to seek residence must occur and how it should be documented. Avoid assuming another family’s calculation applies to yours.

If protection is uncertain, plan education and residence options with that uncertainty visible rather than promising a shared moving date. Set the review points against events rather than dates, because events are what change the answer. Notify counsel when visa availability moves, when petition status changes or when the processing plan is altered, and ask at each point whether the position has shifted.

A birthday alone does not settle the outcome, since the applicable rules may preserve eligibility, protection is not automatic in every case, and the child must satisfy the other derivative requirements including remaining unmarried. Ask whether a required step to seek residence must occur and how it should be documented. Where protection is uncertain, plan education and residence options with the uncertainty stated rather than assumed away.

Confirm the position again at each of those events rather than annually.