A birthday can matter, but assess the applicable Child Status Protection Act rules using the actual case dates and required actions. Do not assume that filing freezes age or that age on decision day is always decisive. Review the older child separately from the newborn, while keeping both dependent on a qualifying principal case.
Pending inclusion and granted status are two different things
For the older child, collect the birth date, petition filing and decision dates as available, visa-availability information and evidence of any required steps. For the newborn, obtain the relationship and identity records and the correct addition instructions. An already granted permanent resident status is not automatically cancelled by a later birthday or marriage; that differs from determining a pending derivative child’s eligibility.
An included eligible spouse or child carries the separate gift and processing amounts, and a child ordinarily needs to be both unmarried and younger than 21, subject to person-specific CSPA review. Rules from other categories, including derivative provisions and work authorization, should not be assumed to apply here. The review should identify whether a payment deadline is conditional, whether the payment identifies a principal or an included relative, and whether the payer is authorised to act.