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APPLICATION ANSWERS · EB-5 FIELD GUIDE

How do a child's age and school plans interact with an EB-5 timeline?

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THE DIRECT ANSWER

Family inclusion and any Child Status Protection Act calculation need individualized review. A child's age is not simply frozen by making the investment or filing the petition, and visa availability and other case-specific conditions also affect the calculation.

Gather the actual dates before choosing a target date

Record birth dates, the petition filing history, and the family's intended arrangements, and have counsel calculate the applicable rules rather than relying on a general rule of thumb. Keep school enrollment plans separate from status eligibility, since a school admission does not extend a child's qualifying age or guarantee that the whole family completes the process on the same timeline. Eligible derivatives generally are the spouse and unmarried children under 21, with any applicable CSPA protection assessed on the individual facts.