1. If the spouse of an investor who has received conditional legal permanent resident status is seeking to also move to the U.S., he or she and the investor would have to be wed at the time of the investor’s first admission to the U.S. The spouse must also be officially considered a derivative beneficiary.
Common law unions are not acknowledged by the USCIS and therefore are not considered derivative beneficiaries. In turn, a “common law spouse” of any EB-5 investors are not able to attain legally recognized permanent resident status in reference to the EB-5 investment.
2. If the child or step-child of the EB-5 investor who has received conditional legal permanent resident status is also seeking to move to the U.S., the investor must be a lawfully recognized parent or step-parent at the time of the investor’s first admission to the U.S. If this requirement is not adhered to, the investor and child will be separated for a prolonged time period, on occasion a year or more, pending other immigration opportunities which will allow the children to gain an accepted immigration status.
3. By definition, a “child” in this instance is recognized as someone younger than 21 years-old that is unwed. If the child passes the age of 21 or is married by the time the investor is first admitted to the U.S. with a permanent resident status, the child would then potentially be deemed ineligible to seek residency via the investment. It is possible the child status protection act might help in reducing the age of the child in the legal eyes of immigration to younger than 21. If this requirement is not adhered to, the investor and child will be separated for a prolonged time period, on occasion a year or more, pending other immigration opportunities which will allow the children to gain an accepted immigration status.
4. It is possible a child who passes 21 years of age or is wed after being admitted to the U.S. with permanent resident status, or a spouse divorces an investor while holding the same status, may be able to complete conditional removal by having the investor include them in the same or separate I-829 petition. If this requirement is not adhered to, which is plausibly not within the child or divorced spouse’s control, especially if clear guidance of law and regulation has not been established, it is possible the child or divorced spouse may have to leave the U.S. facing removal proceedings.
5. In the occurrence the investor passes away holding a conditional permanent resident status, the spouse and eligible children of the deceased investor also maintaining the same status are able to request removal of conditions after providing evidence proving compliance with the same USCIS requirements the original investor would face. If these requirements are not met, all family members will be placed in removal proceedings and will be forced to leave the United States.
6. USCIS has not established a ruling on whether a child of a deceased investor who passes the age of 21 or is wed is able to see removal of conditions. In this scenario if the USCIS denies the removal of conditions, the now son or daughter will face removal proceedings and be forced to leave the U.S.