Beneficiary status does not establish an immigration derivative relationship.
Keep estate and immigration roles separate
Review eligible spouses and children, including case-specific age and CSPA issues. A relative may share an estate without qualifying to immigrate in the principal’s case.
The immigrant investor petition covers the investor and, as derivatives, a spouse and unmarried children under twenty-one at the relevant time, with the Child Status Protection Act affecting how a child's age is calculated during processing. Include every family member's age and objectives early, since a payment or a petition filing does not, by itself, freeze a child's age; the applicable Child Status Protection Act rules require individualized calculation. When a visa becomes available, each family member pays for either adjustment of status inside the United States or an immigrant visa at a consulate, plus the medical examination and biometrics. Where a wait is long, the Child Status Protection Act may allow certain periods to be deducted from a child's age, which can preserve derivative status that would otherwise be lost, but the calculation is technical and depends on facts that vary. Age is assessed under the applicable rules rather than simply on the calendar, and a child who no longer qualifies needs a separate route, so the ages of older children should be reviewed before filing.