Do not assume that marriage or a business connection gives you ownership of the company’s property. Establish the actual rights and any lawful transaction before relying on it.
Keep ownership distinct from family immigration
A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. Those family rules do not transfer company inventory to the principal or establish a qualifying contribution.
The spouse and unmarried children under 21 who obtained conditional residence as derivatives of the EB-5 investor are ordinarily included in the investor’s petition to remove conditions, and the approval covers everyone listed. The Form I-526 filing fee, immigrant-visa or adjustment fees for each family member, the later I-829 fee, and professional, appraisal, translation and loan costs, none of which count as investment capital. Assess the relatives seeking residence under the actual relationship and age rules, including any case-specific age protection. Family age and any CSPA issue need assessment using actual dates; filing does not automatically freeze age. A family review confirms the marriage and each child's age and marital status at the point the immigrant process is started.