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PENHOLD · EB-5 FIELD GUIDE

Does selecting a different project restart or guarantee a child’s age protection?

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THE DIRECT ANSWER

Do not assume a commercial selection determines CSPA protection. The applicable legal analysis requires actual petition and visa-availability facts and individual dates.

Keep family eligibility outside the sales comparison

Eligible derivatives generally include a qualifying spouse and unmarried child under 21, with any applicable age protection assessed specifically. They need no additional principal investment merely to accompany. Payment or project selection is not an automatic age freeze.

Government charges attach to the investor petition, to adjustment of status or consular processing for each family member, and again to removing conditions two years later; Form G-1055 is the reference and should be checked when each stage is reached. When the petition is approved, each family member processes an immigrant visa at the consulate with State Department fees and a medical examination, or files for adjustment of status inside the United States with the USCIS fee. Conditional residence itself is held by each family member, and the eventual petition to remove conditions covers them, so the household's status moves together through the second stage.