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INNISFAIL · EB-5 FIELD GUIDE

Does a project delay automatically protect a child from ageing out?

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THE DIRECT ANSWER

No. CSPA protection depends on the applicable legal calculation, actual dates and visa availability. Investment payment or project delay is not an automatic age freeze.

Assess the child’s case using immigration records

Eligible derivatives generally include a qualifying spouse and unmarried child under 21, subject to applicable age protection. They do not require an additional principal investment merely to accompany. Do not replace the individual age analysis with the project’s revised completion date.

Keep school enrollment plans separate from status eligibility, since a school admission does not extend a child's qualifying age or guarantee that the whole family completes the process on the same timeline. Age is assessed under the rules that govern it rather than on the day the family moves, and the Child Status Protection Act can preserve eligibility in some circumstances, so a child approaching 21 during a long queue needs specific advice rather than an assumption.