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SAINT-MATHIAS-SUR-RICHELIEU · EB-5 FIELD GUIDE

Can my family live in the purchased home before their EB-5 residence is approved?

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THE DIRECT ANSWER

The purchase itself gives no immigration permission. Assess each person’s actual entry and stay arrangements rather than assuming property ownership authorizes residence.

Separate the home’s availability from lawful family status

A qualifying spouse and unmarried children under 21 may seek derivative status, subject to individual requirements and applicable age rules. An address, deed or utility account does not establish that the family completed the immigrant process.

Approval of the investor petition leads to immigrant-visa processing or adjustment of status, subject to visa availability. Start with two dates: the child’s birthday and the realistic timetable of the petition and any visa availability. For immigrant-visa entry, derivatives generally enter with or after the principal, not before. Derivatives receive conditional residence and are included on the later I-829, and they may work and study without restriction once resident. After the proper immigration step, residence remains conditional for two years; Form I-829 must be filed within the 90-day period immediately preceding the second anniversary to seek condition removal. A child who turns twenty-one during the process may be protected in part by the Child Status Protection Act, which requires its own analysis. A child who marries before obtaining residence loses derivative eligibility.