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SAINT-LAZARE · EB-5 FIELD GUIDE

Does the whole family necessarily share one departure or residence date?

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THE DIRECT ANSWER

Do not assume so. Record each person’s actual move and immigration events, and obtain the separate tax assessment where needed. Household plans may occur in stages.

Keep family eligibility and timing individualized

A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. Their residence does not begin merely because the principal’s petition is approved or a family member selects a date for tax planning.

A spouse and unmarried children under twenty-one may be included as derivatives, each receiving conditional permanent residence alongside the investor. Timing depends on each case's own facts, including visa availability and the chargeability that usually follows country of birth rather than a Canadian address or passport. A family with a child in their late teens should have that calculation done before choosing this route, not after filing. During the 90 days immediately before the second anniversary of conditional residence, the investor must file Form I-829 to seek removal of conditions. Licences from the alcohol regulator and customer contracts show the business is real, and the family’s cards, passports and travel log show maintained residence. Review each child’s age and marital status without confusing Canadian residence with citizenship. Marriage of the child at any point ends derivative eligibility.