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Summary:
The EB-5 visa offers more than permanent residency for investors—it also extends to spouses and unmarried children under 21. But bringing family members requires careful timing, especially when children are close to aging out. From petition filing to consular processing, every step must be aligned to keep eligibility intact. This blog breaks down how to structure your EB-5 strategy with your family in mind.
The EB-5 visa was designed for business investments, however it can provide even more than monetary benefits. For many applicants, it’s a strategic move for their family’s future, giving access to U.S. education including in-state tuition, healthcare, and long-term opportunity. However, bringing your family requires more than meeting the financial threshold. It requires precise timing, clear documentation, and a sharp understanding of eligibility rules. One misstep, especially when children are close to turning 21, can cost more than just a visa.
Eligibility and Investment Structure
The foundation of the EB-5 visa is a qualifying investment: $1,050,000 in a U.S. business—or $800,000 if the business operates in a Targeted Employment Area or rural area or you are investing in a Regional Center project. That investment must create at least 10 full-time jobs for U.S. workers, and the funds must be lawfully sourced and placed at risk. Passive or guaranteed-return investments don’t qualify.
That investment forms the basis not only for your own petition but also for bringing your immediate family.
Who You Can Bring and Who You Can’t
Only your spouse and unmarried children under 21 can be included as part of your EB-5 application. These family members are considered derivative beneficiaries. Parents, siblings, and married children are excluded.
Children approaching 21 present a unique challenge. Even if you file the petition on time, delays in government processing could push a child out of eligibility. The Child Status Protection Act (CSPA) can help, but only in narrow cases where certain timing rules are met.
Filing Process for Family Members
Family inclusion begins with Form I-526 or I-526E (for regional center investments). That petition must list your spouse and qualifying children. If they’re not listed at the outset, later additions can cause delays or risk denial.
If you are already in the United States, you and your family file Form I-485 to adjust status. If outside the U.S., you proceed with consular processing through Form DS-260 at a U.S. embassy or consulate once the I-526 or I-526E is approved.
All family members go through the full immigration review process, including background checks, biometrics, and medical exams regardless of age.
Conditional and Permanent Residency
After approval, both the investor and eligible family members receive conditional green cards valid for two years. Three months before those cards expire, you must file Form I-829 to remove the conditions. This application must show that your investment met the job-creation and capital-at-risk requirements.
Once approved, the conditions are removed, and each family member receives a standard 10-year green card, renewable indefinitely.
Planning for Children Close to 21
Timing matters most when your child is approaching the age limit. Filing the I-526 early can help lock in eligibility. The CSPA allows a narrow window of age protection based on how long USCIS takes to process your petition, but it doesn’t cover every scenario.
Delays, whether due to government backlogs or incomplete filings, can cause children to age out, making them ineligible. In some cases, families file separate EB-5 petitions for older children, but this means an entirely new investment and process.
Next Steps
Getting the investment right is only the first step. If your goal is to secure green cards for your spouse and children, timing, accuracy, and planning must be airtight.
For experienced and professional EB-5 guidance tailored to your family’s circumstances, contact Pollak PLLC at (214) 305-2266.
