Eligibility for inclusion and any age protection under the Child Status Protection Act require individualized calculation; visa availability and the timing of specific filings affect the outcome, and a child's age is not automatically frozen simply because the investment was made or the petition filed.
Get the relevant dates reviewed before setting a timeline
Record birth dates, the petition filing history, and each family member's intended activities, then have counsel apply the CSPA calculation to the actual facts rather than relying on a general rule of thumb. School enrollment plans should be treated as separate from status eligibility.
The sequence runs from petition to visa availability, then an immigrant visa abroad or a lawful adjustment where the person is eligible and a visa number is available, then conditional residence, and later Form I-829, filed during the 90-day period immediately before the second anniversary. Approval of the immigrant petition leads to conditional permanent residence for the investor, spouse and unmarried children under 21, whether obtained by consular processing or adjustment of status. Because the process spans years, the age of a child at filing is not the only relevant date, and statutory provisions exist that can, in defined circumstances, protect a child's age during certain periods of processing.