Not from that date alone. Have visa availability and any Child Status Protection Act issue assessed individually.
Use the legal case milestones
Record age and actual immigration dates. A business schedule does not automatically preserve derivative eligibility or determine the applicable calculation.
The derivative group is limited to a spouse and unmarried children under twenty-one, which excludes an adult child already living independently and excludes a parent, however dependent. The stages run from petition, to visa availability, to an immigrant visa or a legitimate adjustment of status where you are eligible — and in some situations a qualifying EB-5 filing supports concurrent adjustment, so the steps are not always strictly sequential. Analyze three issues separately: the principal investor’s policy or management participation, each relative’s derivative eligibility, and which employees count toward job creation. Give counsel a single sheet with the child's date of birth, marital status, every prior immigrant petition filed for the family, and each United States status the child has held, together with both parents' countries of birth. The petitioning investor remains the person whose case is assessed, with a spouse and unmarried children under twenty-one as derivatives, and a relative who contributes capital gains no status from the contribution.