Free EB-5 Project Evaluation Family Member Treatment Are family members of an EB-5 investor granted conditional permanent residency? How does the EB-5 Program work for married couples? How might an EB-5 applicant visit the U.S. before receiving his/her conditional Green Card? If the principal I-526 applicant is living in the U.S. on a different visa and plans to adjust status through Form I-485, how can dependents living abroad file for the EB-5 Visa? Can someone file Form I-485 as an EB-5 investor and Form I-485 as an EB-2 immigrant? Can a teenager apply for an EB-5 Visa? After filing an I-829 Petition, at what point are the dependents of an EB-5 investor given an extension of their status? Can an unmarried adopted child under age 21 be included on an EB-5 application? Will divorce affect the permanent resident status of an EB-5 investor’s spouse? When can a principal EB-5 applicant add a spouse to the application? Which of the investor’s family members can apply for visas and Green Cards through the EB-5 Program? At what point in the EB-5 process may a dependent child marry, and will the child’s spouse become a derivative beneficiary? Can a B-1 Visa holder travel to the U.S. after receiving I-526 approval but before obtaining a Green Card? Can a derivative file Form I-485 after the I-829 Petition is approved? What happens if a dependent child turns 21 before the I-526 Petition is approved? What should an investor do if a family member’s fee bill is missing? How long must an EB-5 business be maintained? Can the principal EB-5 investor abandon his/her Green Card without affecting the family’s Green Cards? How soon after gaining conditional resident status can an EB-5 investor file an F2A spousal petition? Can a same-sex married couple apply for EB-5 Visas? Is an EB-5 applicant’s stepchild considered a derivative beneficiary? If a Green Card holder gives birth to a child while abroad, what is the child’s immigrant status? At what point in the process do EB-5 applicants have access to resident tuition rates? What is the immigration status of an EB-5 investor and any derivative beneficiaries after the I-526 Petition is approved? Must each of an EB-5 investor’s derivative beneficiaries fill out Form DS-260? Why might an attorney advise against pursuing the EB-5 Program? When should the derivatives of an EB-5 investor file Form I-485? How will I-526 approval affect a derivative’s ability to obtain or renew an F-1 Visa? How is a derivative child’s age calculated, particularly in light of visa retrogression? Can a derivative beneficiary living in the U.S. as a nonimmigrant adjust status even if the principal applicant consular processes? When can an EB-5 investor file Form I-130 on behalf of relatives? Can the EB-5 Program help a derivative who has overstayed a visa? Will divorce during conditional residence affect an I-829 Petition? Who is allowed to gift funds to an EB-5 investor? Can an EB-5 investor add a spouse to his/her application after obtaining a conditional Green Card? Can an EB-5 investor’s partner in a civil union apply for an EB-5 Visa as a derivative? When can the derivative family members of the EB-5 investor apply for their Green Cards? How might an expected grandchild be included as an EB-5 derivative beneficiary? Does an EB-5 investor have to include his/her spouse on the application if the spouse does not intend to pursue the EB-5 Visa? How will a derivative abandoning his/her conditional permanent residence affect the principal EB-5 applicant and other derivatives? When is the child of an EB-5 investor to old to be included as a derivative beneficiary? If an EB-5 investor marries or has a child after filing his/her I-526 Petition, will the new family member be eligible for a Green Card? Can someone in the U.S. as a spouse on a nonimmigrant dependent visa, such as F-2, J-2, or H-4, apply for EB-5? How might a stepchild be included as a derivative beneficiary of an EB-5 investor? How might an EB-5 investor sponsor elderly parents as dependents? Can an EB-5 investor and his/her family move to the U.S. before the I-526 Petition is adjudicated? If a derivative child turns 21 before Form I-829 is approved, will the child be eligible for the permanent Green Card? Can a married couple file two separate I-526 Petitions and include one another as derivatives? How might an EB-5 applicant and/or derivatives postpone entering the U.S. after I-526 approval in order to complete business, academic, or other obligations? How might derivatives spend more than six months abroad after obtaining an EB-5 Visa? Can a derivative beneficiary on a nonimmigrant visa travel abroad with a pending I-526 Petition? Is there a limit to the number of family members who can apply for EB-5 Visas as derivative beneficiaries? How might a parent who shares custody of a child include the child as a derivative beneficiary on an EB-5 application?