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OAKVILLE · EB-5 FIELD GUIDE

Does filing EB-5 before a child turns 21 guarantee inclusion?

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THE DIRECT ANSWER

No. CSPA may protect a qualifying child’s age, but it uses applicable calculations and conditions rather than a universal freeze on the filing date. Remaining unmarried and taking required steps also matter.

Obtain a child-specific analysis

Give counsel the birth date, petition history, processing route and visa-availability facts. Ask what events require a new calculation or action. Do not rely on a project’s general claim that children are covered.

If a child may not qualify, seek separate advice before assuming the whole household can relocate through the principal investor’s case. Ask for the calculation, not the reassurance. A statement that children are covered describes a general expectation and cannot be checked, whereas a calculation identifies its inputs and can be tested when one of them changes.

Give counsel the birth date, the petition history, the processing route and the visa-availability facts, and ask which events require a new calculation or a required action. The applicable rules may protect a qualifying child age through defined calculations and conditions rather than freezing it at filing, and remaining unmarried matters alongside the other derivative requirements. Where a child may not qualify, obtain separate advice before assuming the household can relocate through the principal case.

Ask what the answer depends on, and write those dependencies down.