Delegating communication does not resolve whether the underlying agreement gives the investor a prohibited repayment right. Examine the actual entitlement and authority.
Keep exit administration separate from family status
A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. Their eligibility does not validate the capital terms, and a family request for money does not establish that repayment is immigration-compliant.
List the principal’s capital contribution and every family-related preparation cost separately. The investor, spouse and children are excluded, and nonimmigrants do not count merely because they have work authorization. EB-5 can include a spouse and unmarried children under twenty-one, subject to individual age and CSPA review, but each person needs identity, relationship, admissibility and processing records. A spouse and unmarried children under 21 are derivatives, and the Child Status Protection Act allows the time a petition was pending to be subtracted from the child's age in the calculation, subject to visa availability and timely action. The investor, spouse and unmarried children under 21 may obtain two-year conditional permanent residence, after which conditions must be removed, with Form I-829 generally filed in the 90 days before the second anniversary.