No. Derivative eligibility and financial rights are separate. A family member’s immigration status does not guarantee repayment.
Keep the categories distinct
Eligible derivatives are not additional principal investors merely because they accompany the case.
Record birth dates, the petition filing history, and each family member's intended activities, then have counsel apply the CSPA calculation to the actual facts rather than relying on a general rule of thumb. A spouse and qualifying unmarried children may accompany or follow the investor, but school plans, employment hopes, or shared funding do not replace the underlying relationship and timing analysis. Marriage and birth records establish relationship; they do not establish that a derivative continues to qualify, since eligibility for an unmarried child under twenty-one is assessed against the applicable rules at the relevant time rather than at the moment the record was issued.
The second stage covers each family member obtaining conditional residence through consular processing or adjustment, with charges for each person. The family then completes consular immigrant-visa processing or, if lawfully in the United States, adjustment of status, subject to visa availability for the category.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Petition by Investor to Remove Conditions on Permanent Resident Status