Child Status Protection Act (CSPA) and EB-5: Protecting Your Children From Aging Out

Introduction For EB-5 investors who are parents, one of the most pressing concerns in the immigration process is whether their children will "age out" before the family obtains permanent residence. Under U.S. immigration law, a "child" is defined as an unmarried person under the age of 21. Once a derivative beneficiary turns 21, they are no longer classified as a child and lose eligibility to immigrate as a derivative on their parent's petition. This transition is commonly referred to as "aging out." The Child Status Protection Act, or CSPA, enacted in 2002, provides a formula designed to protect children from aging out due to government processing delays. For EB-5 families, understanding how CSPA works, how it is calculated, and what strategies can mitigate aging out risk is essential to preserving the family's ability to immigrate together. This article provides a thorough analysis of how CSPA applies in the EB-5...#