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RURAL MUNICIPALITY OF ST. ANDREWS · EB-5 FIELD GUIDE

Does an adult child automatically remain eligible because the family invests together?

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THE DIRECT ANSWER

No. Review derivative eligibility and any applicable CSPA protection using the actual facts.

Assess age and visa availability individually

Filing does not automatically freeze age, and a financial contribution does not itself establish a qualifying derivative relationship. An independent proposal requires its own assessment.

Whichever route is chosen, the sequence runs from investor petition to an immigrant visa abroad or eligible adjustment, subject to visa availability, then conditional residence and a later petition to remove conditions, ordinarily filed in the ninety days before the second anniversary. An eligible spouse and unmarried children under 21 may derive through the EB-5 case, but their translations, medical work, or document charges do not create additional investment capital, jobs, or independent petitions. Children must be under 21 and unmarried when they acquire residence, subject to Child Status Protection Act calculations, so the household should compare each child's age with the expected total timeline before choosing which spouse is the investor.