Green Cards for all – Don’t let your kids get close to turning 21 before filing!

Aging out is an issue for all children of applicants approaching age 21 and there are steps you can take to mitigate this risk. We are here to help!

The EB-5 Program, created in 1990, allows foreign nationals to make a qualifying investment in a new or existing U.S. commercial enterprise that creates 10 U.S. jobs. This enables the primary applicant, along with their spouse and any unmarried children under the age of 21, to become eligible to receive their U.S. Green Card.

However, if a child turns 21 before the Green Card is issued, they ‘age out’ and no longer qualify as a dependent under immigration law. This often means that these applicants may need to file a new petition or application, face extended wait times for Green Card approval, or potentially become ineligible for a Green Card altogether. However, there are ways to help avoid this issue.

The Child Status Protection Act (CSPA)

The Child Status Protection Act (CSPA) was passed by Congress in the early 2000s to help protect children from ‘aging out’ due to delays in USCIS processing. It provides a way for certain children to retain eligibility for a Green Card even after turning 21, based on a frozen ‘CSPA age.’

Key Points on CSPA and the I-526E Petition:

• Age Freezes at I-526E Filing:
  A child’s age is frozen on the date the I-526E petition is filed. This “CSPA age” is used to determine eligibility for a Green Card.
• Age Starts Again at I-526E Approval:
  Once the I-526E is approved, the age begins counting again. If you’re based outside the U.S., you must proceed quickly to schedule the visa interview for consular processing to avoid the child aging out. This issue is primarily for potentially backlogged countries like China and India but does not have a strong impact on investors from other countries.
• Concurrent Filing Locks Age (for those in the U.S.):
  If you file the I-526E and I-485 concurrently before the child turns 21 then the child’s age is permanently locked in and they will not age out.
• Risk in Potentially Backlogged Countries (India and China born applicants):
  For Indian and Chinese nationals that are not utilizing Concurrent Filing, if there’s a backlog and the priority date is not current under Chart A (Final Action Dates) at the time of I-526E approval, the child’s age continues counting during that backlog period, potentially causing the child to age out for children that were years away from age 21 at the time of filing!
• Chart B Limitation for U.S. Filings:
  If a priority date is present under Chart B (Dates for Filing) for an investor’s country of birth, concurrent filing is not permitted. In this situation, petitioners in the U.S. cannot file the I-485 with the I-526E, which may put children nearing age 21 at risk of aging out.
• EB-5 Set-Asides:
  The RIA of ‘22 also includes visa set-asides for investments in rural areas, high-unemployment areas, and infrastructure projects. These set-asides offer the added benefit of a current Chart A and Chart B on the visa bulletin for both India and China at the time being. However, it is anticipated that a backlog will happen soon for India and China in the set-aside categories (especially in the High Unemployment category), so it best to file your I-526E petition a.s.a.p. in order to avoid an age out issue.

The EB-5 Program, with its CSPA protections and recent policy updates, offers a robust solution for families concerned about children aging out. It ensures that children can remain eligible for Green Cards even if they turn 21 during the process.

Moreover, in cases where children do age out, they can become EB-5 investors themselves, provided they receive the investment capital as a gift from their parents. The parents would still have to show how they acquired the investment capital as part of the I-526E petition.

The EB-5 Program’s unique intersection with CSPA rules makes it the best option for families looking to secure a stable and timely path to U.S. Residency.

We’d like to share with you that as of September 2025, EB5 United has become the #1 Regional Center for Rural EB-5 Investment in the Post-RIA Era with Over 650 I-526E Approvals, clearly demonstrating the effectiveness of Rural Priority Processing for EB-5 investors. This success is part of a broader milestone of helping over 2,000 investors obtain 3,000+ Green Cards through the EB-5 Program, including more than 1,000 Rural EB-5 Investors who have helped create 18,000+ EB-5 compliant jobs since the RIA of 2022.

In addition, we are equally pleased to share the full $88MM EB-5 loan repayment for the Nine Orchard Hotel Project in New York, a major success for our investors and a strong validation of our proven 1st Position Loan Strategy.

If you’d like to know more about our Priority Processing Rural EB-5 Projects, we encourage you to contact your EB5 United representative TODAY.

Disclaimer: Individual processing timelines may vary. Immigration benefits are not guaranteed and are subject to USCIS approval. This is not legal or financial advice. This is not an offer to sell or a solicitation to buy any security.