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APPLICATION ANSWERS · EB-5 FIELD GUIDE

How does a child's age affect an EB-5 family plan from Halifax?

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THE DIRECT ANSWER

Child Status Protection Act calculations can affect how a child's age is counted for this purpose, but investing or filing a petition does not, by itself, freeze a child's age, and visa availability and other conditions still matter.

Bring exact dates before setting expectations

Record birth dates and petition history and have counsel apply the applicable CSPA calculation to the actual facts rather than relying on a general estimate. Keep school enrollment plans separate from status eligibility, since neither a school admission nor an investment payment extends a child's qualifying age on its own.

Maintain a separate family timeline showing birthdays, marital changes, petitions, admissions, and any issue that could affect derivative eligibility. Do not approximate dates where a statutory calculation may matter. Hypothetical example: an outpatient-dialysis administrator’s child plans to begin university abroad while the family’s immigration process continues. The family should decide travel and enrollment arrangements after obtaining advice on the child’s individual immigration position. The principal EB-5 case is not made by family plans: it requires qualifying capital at risk and the required job creation, and residence granted through the process begins on a conditional basis.

Preserve a dated family record instead of relying on recollection during a later filing stage.