No. Review the relationship, relevant dates and any applicable CSPA protection individually.
Separate charges from age analysis
Filing does not automatically freeze age, and a project’s family fee does not determine the legal result. Assess visa availability and the actual timeline.
Rather than assume either the worst or the best, record every child’s exact date of birth at the outset, map it against the expected stages, and take advice specific to those dates. EB-5 permits a spouse and unmarried children under 21 to derive; the Child Status Protection Act can protect some children, but it requires individualized calculation rather than an assumption that payment freezes age. EB-5 derivatives may include a qualifying spouse and unmarried children under 21, subject to individual eligibility and applicable age rules; a parent is not included simply as the funder. State the position without promising anything: a spouse and unmarried children under twenty-one may later qualify as derivatives if they are then eligible and admissible, and protection for a child approaching twenty-one is fact-specific.