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SAANICH · EB-5 FIELD GUIDE

Can the private family agreement decide derivative immigration eligibility?

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THE DIRECT ANSWER

Immigration eligibility requires its own assessment of actual relationships and circumstances. A financial agreement is not an automatic derivative approval.

Review each proposed applicant

Identify relationship changes, ages and relevant CSPA questions. Do not infer immigration inclusion solely from who receives or contributes money.

Eligibility for inclusion and any age protection under the Child Status Protection Act require individualized calculation; visa availability and the timing of specific filings affect the outcome, and a child's age is not automatically frozen simply because the investment was made or the petition filed. 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. Analyze three issues separately: the principal investor’s policy or management participation, each relative’s derivative eligibility, and which employees count toward job creation. 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. A spouse and unmarried children under 21 may derive, subject to individual eligibility and age review; gather passports, civil-status records, and consistent case identifiers for each person. The age calculation is governed by specific statutory rules rather than by the child's birthday alone, and a licensed U.S. immigration attorney should run it against the actual dates rather than estimating.