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TaiwanWhy 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.
Factors that decide protection
| Factor | Effect |
|---|---|
| Filing date | The earlier the better |
| How long USCIS takes on the I-526E or I-140 | Can be deducted in the calculation |
| When the visa backlog becomes current | Longer backlogs mean more risk |
| The child’s marital status | Must remain unmarried |
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.
- Prepare all documents together to avoid delays from requests for evidence.
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.
If a child has already aged out
They must apply separately, for example through a category they qualify for themselves — assess this early.