Funding does not create a derivative relationship. EB-5 derivative eligibility generally concerns an eligible spouse and unmarried children under 21, subject to applicable age protections.
Separate donor and applicant roles
A parent may provide funds without becoming an accompanying derivative. Identify who is the principal, which relatives actually qualify and what independent plans others may have. Neither a shared household nor a gift receipt grants residence or current work authorization. Do not budget a donor’s U.S. move as though the funding role settles immigration eligibility.
Where a child is within a few years of twenty-one, the age calculation should be obtained early and revisited whenever the plan slips, because a postponement made for ordinary business reasons can quietly change a family member's outcome. When the petition is approved, each family member processes an immigrant visa at the consulate with State Department fees and a medical examination, or files for adjustment of status inside the United States with the USCIS fee.