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VERCHÈRES · EB-5 FIELD GUIDE

Can my children travel first if their visas expire before mine?

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THE DIRECT ANSWER

Do not ignore the principal-and-derivative sequence. The principal must immigrate before or with the derivatives under the applicable process; review each person’s actual document validity.

Resolve different validities before booking the sequence

A qualifying spouse and unmarried children under 21 may seek derivative status subject to individual requirements and applicable age rules. Shared approval expectations do not make everyone’s dates interchangeable or authorize a derivative to bypass the principal’s required sequence. Make a separate row for each traveller showing the visa expiry, proposed arrival and whether the principal will already have entered. If those rows conflict, resolve the sequence before purchasing separate itineraries. One family member’s later expiry does not extend a different person’s document.

For a retiree with adult children, the age question decides who qualifies. Keep two ledgers: one for derivative eligibility and another for job creation. A spouse and unmarried children under 21 may generally be included, with Child Status Protection Act analysis where relevant. Employment of the investor, spouse, or children also does not count among the ten qualifying full-time US positions.