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SAINT-AMABLE · EB-5 FIELD GUIDE

Can the family budget assume an insurance payment will fund the move?

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THE DIRECT ANSWER

Treat an uncertain claim or payout as uncertain. Review household resources independently instead of committing essential expenses on an unverified payment expectation.

Keep family status independent of the policy

A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. Insurance does not establish their eligibility, complete their processing or grant permission to reside in the United States.

Eligible family inclusion and child-age protection both need individualized review. A family-service invoice does not supply jobs, investment risk or another person’s independent eligibility. Whether that protection holds depends on the dates, so the family should calculate it before filing rather than assume it. Review each child’s birth date and case stage instead of assuming project employment preserves eligibility. EB-5 derivatives may include the principal’s spouse and unmarried children under 21, subject to individual age and admissibility review, and Form I-829 must be filed during the 90 days immediately before the second anniversary of conditional residence. Consular immigrant-visa fees or adjustment-of-status fees apply to each family member. A child who does not benefit from the calculation would need an independent basis to immigrate.