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RURAL MUNICIPALITY OF MACDONALD · EB-5 FIELD GUIDE

Does a contract promising family residence fix a child’s age eligibility?

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THE DIRECT ANSWER

No. Derivative eligibility and any CSPA protection depend on the individual facts and relevant dates.

Evaluate the actual family timeline

Filing does not automatically freeze age. Visa availability and applicable CSPA requirements should be assessed rather than replaced with an offering’s family assurance.

Derivative status covers a spouse and unmarried children under twenty-one, with the age analysis being technical enough that any child near the limit should be raised with counsel early. Keep school enrolment plans separate from status eligibility — neither a school admission nor an investment payment extends a child's qualifying age or guarantees the whole household completes the process on the same schedule. Age is measured under the governing rules rather than by calendar arithmetic alone, so a child close to the limit deserves specific advice early in the process. Residence can be derived by an eligible spouse and unmarried children under 21, subject to individual admissibility; permission to work in the meantime is not derived from the investor's petition and has to rest on that person's own status.