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CHESTERMERE · EB-5 FIELD GUIDE

Should children’s ages be reviewed before the capital is transferred?

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THE DIRECT ANSWER

Yes. Family eligibility and any CSPA analysis need individual attention alongside the investment decision. Payment or petition filing does not automatically preserve every child’s eligibility.

Bring the actual dates

Record birth dates and any relevant immigration history and ask how visa availability affects the plan. School arrangements do not decide dependent eligibility or extend authorized stay. Keep family commitments conditional on the legal questions being resolved rather than assuming the principal investor’s funding step settles them. Eligible derivatives are a spouse and unmarried children under 21, subject to any applicable CSPA protection assessed on the actual case. A derivative immigrant may enter with or after the principal, not before; budget and school dates should reflect that sequence.

Where a child is within a few years of twenty-one, the age calculation should be obtained early and revisited whenever the plan slips, because a postponement made for ordinary business reasons can quietly change a family member's outcome. Each family member’s file holds that person’s own eligibility evidence: passport, civil documents establishing the relationship, and material addressing admissibility, with certified translations where an original is in another language.