On August 6, 2002, U.S. President George W. Bush signed the Child Status Protection Act (CSPA). The introduction of this act has significantly reduced instances where accompanying children of applicants lose their eligibility for immigration due to being over the age of 21 at the time of their interview.
In investment immigration, the age of an applicant's accompanying child is frozen on the date the parents' I-526 immigration petition is approved, minus the time spent during the application processing period. If the child's age calculated according to this formula is under 21, they meet the first condition for CSPA eligibility. (Note: Under the current EB-5 quota system, the child's age is frozen on the date the parents' application is filed.)
Condition two for CSPA eligibility: The applicant must initiate the NVC process within one year of the I-526 petition approval to satisfy the requirement of "seeking to acquire permanent residence within one year."
Condition three: The child must report to the United States within 6 months of receiving their visa; otherwise, they will lose their eligibility as a CSPA accompanying child.
By meeting the three conditions above, over-age children qualify under CSPA regulations and may still immigrate to the United States with their families.