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VALEMOUNT · EB-5 FIELD GUIDE

Does timing the asset sale before a child’s birthday guarantee derivative eligibility?

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THE DIRECT ANSWER

No. CSPA and age eligibility depend on the actual immigration facts and visa availability, not simply the date funds are raised.

Use the child’s individual case chronology

Eligible derivatives generally include a qualifying spouse and unmarried child under 21, subject to applicable protection. Accompanying derivatives need no additional principal investment merely to join. A financial deadline does not automatically freeze age.

Derivative family members obtain conditional permanent residence alongside the investor rather than a dependent work restriction, so a spouse is not barred from employment in the way a temporary category's dependants can be, and children may study. A family member with a pending case can be affected by an age change or a marriage before the case concludes; someone already granted permanent residence is not automatically stripped of it because of a birthday or a wedding. Age matters more than families expect, because a child who turns twenty-one before the relevant point can fall out of the derivative class altogether; track each child's date of birth from the start rather than discovering the problem at interview. Derivative status also carries the principal's later obligations: the period of conditional residence and the filing to remove conditions reach the family too, so a household should know when that window falls before it arrives.