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TERRASSE-VAUDREUIL · EB-5 FIELD GUIDE

Does the approval of another family establish that my children qualify as derivatives?

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THE DIRECT ANSWER

No. Your family relationships, ages and applicable immigration requirements need their own assessment. Another household’s outcome is not evidence of your children’s eligibility.

Check the actual family rather than a comparison

A qualifying spouse and unmarried children under 21 may seek derivative status, subject to individual requirements and applicable age rules. Different birthdays or case dates can matter, so do not copy another family’s conclusion or assume an identical age result.

The spouse and unmarried children under twenty-one are derivative beneficiaries and obtain conditional permanent residence alongside the investor. Derivative status is limited to unmarried children under 21, but the Child Status Protection Act may allow the time a petition was pending to be deducted from the child's age. The general derivative category concerns unmarried children under 21, with applicable age protections assessed on the facts. The applicable immigrant-visa or adjustment process follows subject to eligibility and visa availability. The investor should document the applicable capital threshold, lawful source and path, at-risk deployment, ten qualifying full-time jobs, and the required management or policy role. After approval, each family member pays immigrant-visa processing fees at the consulate or adjustment fees if in the United States, and the immigrant fee for the green card.