Consider the actual household finances and immigration stage without assuming the projection will be realized.
Keep residence and cash-flow plans separate
Each person needs the applicable permission and process. Review family relationships and child-age questions independently of a project’s commercial timetable.
Record birth dates and petition history and have counsel apply the applicable CSPA calculation to the actual facts rather than relying on a general estimate. Derivative family members obtain conditional permanent residence alongside the investor rather than a dependent work restriction, so a spouse is not barred from employment in the way a temporary category's dependants can be, and children may study. When the time comes to remove conditions, the investor files Form I-829 and the derivatives are generally included on it, though a spouse or child may need to file separately if the family situation has changed. EB-5 derivatives may include the principal’s spouse and unmarried children under 21, subject to individual age and admissibility review, and Form I-829 must be filed during the 90 days immediately before the second anniversary of conditional residence. Age is assessed under the rules that govern it rather than on the day the family moves, and the Child Status Protection Act can preserve eligibility in some circumstances, so a child approaching 21 during a long queue needs specific advice rather than an assumption.