Financial support does not expand the eligible derivative relationships. Assess the actual person’s role and any independent proposal separately.
Identify the immigration relationship
A contributor, spouse, child and separate investor are not interchangeable labels.
Derivative eligibility reaches the spouse and unmarried sons and daughters who are under twenty-one at the relevant point, and the calculation of that age is technical enough that it should be assessed rather than assumed, because processing times feed into it. Derivative status covers a spouse and unmarried children under twenty-one, and unlike derivatives in nonimmigrant categories these family members become conditional permanent residents with the right to work and study. Tuition instalments, a lease renewal and a child's approaching twenty-first birthday fall on fixed days that no project schedule will move, and the derivative rules include fact-specific age protection that turns on the case's own dates. A qualifying spouse and unmarried children under 21 may seek derivative benefits, subject to individual eligibility and the applicable age rules, and those applications carry their own charges, which belong in the second ledger.
- 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