The source of money does not determine dependent eligibility. Assess the proposed spouse and children under the applicable rules and raise any age issue individually.
Do not link financial beneficiaries to immigration dependents
A person named in the same estate may have no dependent basis through the investor. List intended applicants and relationships explicitly. Keep financial participation and immigration inclusion as separate questions.
Separate the estate’s beneficiaries from the immigration derivatives. An EB-5 principal may include a spouse and unmarried children under 21; the Child Status Protection Act can preserve eligibility for some children, but it requires case-specific dates and analysis. Gather marriage and birth records, passports, custody or prior-marriage documents where applicable, each child’s birth date, and the petition timeline. The funding source does not add a sibling, parent, adult married child, or fellow heir to the principal’s case. Plan for two-year conditional residence. File Form I-829 during the 90-day period immediately preceding its second anniversary. The common mistake is assuming that everyone receiving estate property can join, while overlooking a child approaching 21.
Hypothetical example: A London independent-bookstore owner inherits cash alongside an adult sister and intends an EB-5 investment. The owner lists a spouse, 20-year-old unmarried son, and sister, then separates their roles. The sister’s status as co-beneficiary supplies no derivative relationship. Counsel reviews the son’s exact age and procedural dates for possible CSPA protection rather than promising it. Estate statements trace the principal’s share, while civil records support only the qualifying spouse and child.