The EB-5 visa program is highly attractive because it allows the primary investor, their spouse, and any unmarried children under the age of 21 to apply for permanent residency together. However, a critical issue that many families face is the risk of a child "aging out" before the visa is approved.
Understanding the Child Status Protection Act (CSPA)
The Child Status Protection Act (CSPA) was enacted to protect children from aging out due to administrative delays. Under CSPA, a child's age is "frozen" at the time the I-526E petition is filed. However, navigating CSPA rules can be complex, especially with recent changes in how USCIS calculates the frozen age.
Strategies to Protect Your Children
To mitigate the risk of aging out, families should consider filing their petitions as early as possible. Additionally, opting for projects in reserved visa categories, such as Rural TEAs, can significantly expedite processing times, reducing the period a child's age is at risk.
Our team at AG17 LLC works closely with top immigration attorneys to structure applications that maximize CSPA protections, ensuring that your family remains together throughout the immigration process.