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CHAMPLAIN · EB-5 FIELD GUIDE

Can a Champlain EB-5 investor's parents, who gave the capital, immigrate with her as derivatives?

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THE DIRECT ANSWER

No. Derivatives are the investor's spouse and unmarried children under twenty-one. Parents are not derivatives, and funding the investment creates no status for them.

Generosity does not create a derivative relationship

The immigrant investor classification extends to the investor's spouse and to unmarried children under twenty-one, who receive the same conditional permanent residence and are included in the later removal of conditions. It does not extend to parents, siblings or adult married children, and a donor's contribution does not change that. If the parents hope to join their daughter in the United States later, the ordinary family-based routes would apply once she becomes a permanent resident and, for parents, once she is a U.S.

citizen, each with its own waiting times and conditions; nothing about the gift accelerates them. Meanwhile the investor's own children should be listed and their ages checked against the filing timeline, because a child near twenty-one may or may not be protected by the child-status rules depending on the dates. Plan the family list on the rules, not on who paid.