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BAIE-D'URFÉ · EB-5 FIELD GUIDE

Does funding an EB-5 case with family inheritance include other beneficiaries in the immigration case?

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THE DIRECT ANSWER

No. The source of money does not create derivative eligibility for every beneficiary or relative. An eligible spouse and unmarried children under 21 may qualify under the applicable rules, with fact-specific age protection where relevant. Other family relationships require separate immigration analysis rather than being added because they share the estate.

Separate beneficiary rights from immigration relationships

List who owns each portion of the inheritance and who is actually included in the proposed immigration plan. If another beneficiary contributes funds, document the real gift, loan or other arrangement and obtain source review. Evaluate family ages and personal immigration history independently. Neither shared inheritance nor a principal’s petition guarantees another relative’s residence.

A child who is nineteen when the plan begins may be older than the limit by the time it concludes, and the way age is calculated in immigrant categories is technical enough to warrant an early, specific answer rather than a general reassurance. What a family can control is sequencing and record-keeping: knowing every child's exact age at each stage, avoiding unnecessary delay in filing, and being ready to prepare an independent route for an older child rather than discovering the need late. As conditional residents they may work for any employer, so the spouse can manage the hauling company's office or drive, but the statute excludes the investor's spouse and children from the count of qualifying employees, so their positions add nothing to the ten.