Free EB-5 Project Evaluation 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?

As long as the new family relationship exists before the principal applicant applies for the EB-5 Visa/Green Card—whether by adjusting status through Form I-485 or by consular processing through Form DS-260—the new family member should be able to apply as a derivative beneficiary. The main consideration here is timing, and so any EB-5 investor planning to marry or anticipating the birth of a child should consult an immigration attorney.