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APPLICATION ANSWERS · EB-5 FIELD GUIDE

What should we discuss if a child may turn 21 during an EB-5 case?

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THE DIRECT ANSWER

Raise the child's age at the first review and request an assessment of the applicable child-status rules using the actual dates. Paying the investment does not, by itself, settle whether the child can complete the process as a dependent.

Prepare a timeline instead of a guessed birthday deadline

Bring the birth date, any existing filing dates and the family's immigration history. Ask which future events must be tracked and who will monitor them. Keep school deposits and relocation plans separate from the legal age calculation. If the household receives new information about petition progress or visa availability, have that information considered promptly rather than continuing to rely on an earlier informal estimate. Derivative eligibility concerns an eligible spouse and unmarried children under 21, subject to the actual applicable child-age protection assessment.

A child who is nineteen when the plan begins may be older than the limit by the time it concludes, and the way age is calculated in immigrant categories is technical enough to warrant an early, specific answer rather than a general reassurance.