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APPLICATION ANSWERS · EB-5 FIELD GUIDE

Does business ownership establish the family’s immigration eligibility?

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THE DIRECT ANSWER

No. Each derivative’s eligibility and relevant dates require review.

Separate the enterprise from the household

Consider visa availability and any CSPA issue individually. A purchase agreement or petition filing does not automatically protect every child from aging out. Treat every family member as an individual immigration question.

Record the relationship to the principal, date of birth, passport identity, current location, and any prior immigration history that may matter. Then check visa availability and any age-protection analysis from the actual dates, rather than assuming the petition makes the result automatic. Hypothetical example: an investor’s unmarried nineteen-year-old son expects to begin a university program abroad while the family’s case is pending.

The family should obtain individualized advice about timing and documentation instead of relying on a broker’s statement that the child is “included.” A signed investment agreement does not freeze age by itself. Maintain marriage and birth records, including translations and name-change links, so derivative relationships can be shown accurately. The practical decision may be whether a dependent proceeds with the principal, follows later if permitted, or needs a different plan.

Do not build employment, housing, or school commitments on the assumption that a future immigrant result is guaranteed. Residence initially carries conditions; family planning should leave room for those later requirements. The family should retain a timeline of petition, visa, and age-related events for each derivative.

That record supports a later individualized review without relying on a general statement from the investment promoter.