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RURAL MUNICIPALITY OF ROCKWOOD · EB-5 FIELD GUIDE

Can a project service package guarantee derivative eligibility?

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THE DIRECT ANSWER

No. Assess each family member’s relationship, dates and any CSPA issue under the applicable rules.

Keep individual eligibility visible

Filing does not automatically freeze age, and paying for family assistance does not change that. Review visa availability and the actual family timeline.

The principal investor’s petition and conditional residence process have defined derivative rules; relatives outside those categories need an independent immigration basis. Because the process runs for years, a child's eligibility can be lost simply through the passage of time, and the Child Status Protection Act allows certain periods to be subtracted from a child's age depending on processing and visa availability. Keep school enrolment plans separate from status eligibility, since neither a school admission nor an investment payment extends a child's qualifying age or guarantees the whole family completes the process together. Whoever immigrates with you as a derivative — a spouse, or an unmarried child under twenty-one — is decided by age and marital status under the rules applying to the case, and each person is assessed individually for admissibility.