Do not assume that another beneficiary’s funds belong to you or are available for your investment. Establish the actual rights and any lawful transaction before relying on them.
Keep trust ownership separate from derivative eligibility
A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. A child’s potential derivative eligibility does not transfer their trust rights to the principal investor.
Keep the principal’s filing plan alongside each child’s birth date and any age-protection analysis. For each child, distinguish biological age from any protected age under the rules that apply to the case. The family’s immigration evidence is separate: a spouse and unmarried children under 21 may accompany or follow as derivatives, with evidence and age review. Funds held in trust for a child remain the child's asset unless a genuine transfer actually moves ownership, and the source-of-funds record must document that transfer, not merely that the money exists. A gift or loan used to fund the investment must be bona fide and cannot be structured merely to route a child's funds through the investor to avoid source-of-funds review. Trustees, guardians, and any required consent to move trust assets are separate from immigration eligibility and belong with the family's own legal and financial advisers, not the investor petition alone.