School continuity is a family planning question, not an immigration eligibility question, but the family should still map each child's age against CSPA and visa-availability timing rather than assuming a specific school year determines when the immigration process must finish.
Keep the school calendar and the immigration calendar separate but visible
Record each child's birth date, current program, such as a French-immersion or continuing-education track, and the ages at which key decisions such as leaving that program would need to be made. Ask counsel to assess CSPA timing using the actual petition and visa-availability dates rather than a preferred school transition date, and keep a contingency plan for a delay, since neither an investment nor a filed petition freezes a child's qualifying age by itself. Derivative eligibility generally concerns a spouse and unmarried children under 21, subject to applicable age protection. Immigrant-visa derivatives enter with or after the principal; a petition alone does not confer residence or work permission.
Map immigration stages against each relative’s dates without promising that school calendars control adjudication. A principal’s spouse and unmarried children under 21 may derive; the Child Status Protection Act can protect some children, but counsel must calculate its effect from the case history. Petition approval alone confers no residence. Admission or adjustment produces two-year conditional residence. The Form I-829 window is the 90 days immediately preceding conditional residence’s second anniversary. The recurring error is treating investment, filing, or a preferred graduation date as a permanent age freeze.
Hypothetical example: an Ottawa animation-studio owner makes a regional-center investment while one child enters a final French-immersion year and another approaches twenty-one. The family should record birthdays, petition receipt, visa-availability developments, school decisions, and possible principal travel. Counsel can assess CSPA separately for each child and design a contingency when immigration and school milestones diverge. Once conditional residence begins, calendar the precise I-829 window from the residence documents, not the project’s construction schedule or hoped-for capital return.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- U.S. Code — INA203(b)(5) investment requirements
- 8 USC 1153 — capital, jobs and project determinations
- 8 CFR 204.6(e) — direct employee and hours definitions only
- USCIS — I-829 instructions
- Department of State — employment immigrant travel