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VARENNES · EB-5 FIELD GUIDE

Does listing my spouse as a co-lender make the family eligible for EB-5?

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THE DIRECT ANSWER

A co-lender label does not cure an excluded investor-to-enterprise debt arrangement or establish derivative eligibility. Assess the actual principal investment and family requirements separately.

Separate financial roles from family status

A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. Signing a loan or appearing in financing documents does not itself confer residence.

The spouse and unmarried children under 21 are derivatives; the Child Status Protection Act protects a child's age during petition processing under defined conditions. Adjusting status inside the United States requires that you are actually eligible for it and that an immigrant visa number is available to you. Unlike TN and E-2, EB-5 has no nationality requirement for the investor or the derivatives. A financial allocation or filing does not automatically freeze a child’s age. The principal must document lawful source and path plus the applicable capital. The common mistake is confusing more relatives with more principal cases.