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OTTERBURN PARK · EB-5 FIELD GUIDE

Can the family rely on a favorable report as proof that relocation is financially safe?

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THE DIRECT ANSWER

A report is not a guarantee of future income, distributions or repayment. Assess household resources separately from the project figures and immigration eligibility.

Plan the family’s funds without guaranteed returns

A qualifying spouse and unmarried children under 21 may seek derivative status, subject to individual requirements and applicable age rules. Neither the report nor sufficient household savings itself grants that status; avoid committing the move on an assumed project payout.

Each eligible family member still needs the applicable identity and relationship evidence. Derivative eligibility depends on being unmarried and under twenty-one, and the difficulty in an immigrant category is that considerable time can pass between filing and an available visa. Immigrant-visa derivatives enter with or after the principal; a project notice is not permission for the household to move or work. Do not use a child’s possible derivative eligibility as a reason to assume the parent may redirect money legally belonging to that child. Ask counsel to run the calculation with the real dates and to say whether the family should file sooner or file separately for a child at risk. Plan the family list now, and if a child is close to the limit, treat the filing date as time-sensitive.