Why 21 is the key age
US employment-based immigration (including EB-5, EB-1A, EB-2 and EB-3) only lets unmarried children under 21 receive green cards as dependants. Processing takes a long time, so children can age out while waiting.
How CSPA helps
The Child Status Protection Act (CSPA) can freeze a child’s age during processing, reducing the risk of ageing out because of delays. Whether a child is protected must be calculated from:
- the filing date
- how long USCIS takes to process the I-526E or I-140
- when the visa backlog becomes current
Planning advice
- When a child is close to 21, file as early as possible.
- Choose a category with a shorter backlog, such as EB-5’s rural TEA category.
- Have your consultant calculate your timeline before filing.
An example
One family started EB-5 when their daughter was 20, prepared every document in parallel and used the CSPA age freeze; all three children were approved as dependants.