CSPA: keeping kids under 21 for the green card

EB-5 grants derivative status to spouses and unmarried children under 21. "Age out" — turning 21 before the green card is issued — disqualifies the child. The Child Status Protection Act (CSPA) provides a critical age-locking mechanism, but it has limits.

• •CSPA age = (child's age at visa availability) – (I-526E processing time)
• •Rural set-aside priority processing keeps I-526E in the 9-12 month range, which helps protect older kids
• •If your child is 17+ today, every month of delay matters
• •Children over 21 at filing cannot benefit from CSPA
• •The child must "seek to acquire" status within 1 year of visa availability

For families with kids approaching 21, filing speed is the single most important variable.