Review dependent eligibility and the immigration sequence while negotiating the sale. Waiting for its final instalment can leave the household discovering an unresolved age or travel issue after committing the proceeds.
Treat the sale agreement as a funding document
For example, a Foothills County parent might receive an initial payment now and the balance next year while an older child finishes a course. Give the reviewer the child’s birth date, marital status and the family’s intended visa or adjustment process before adopting that timetable. A qualifying spouse and unmarried children under 21 can be derivatives, subject to applicable CSPA protection; neither the seller’s payment schedule nor petition filing alone supplies a universal age freeze.
Ask what immigration facts must be monitored if a future instalment is late. Separately, have the transaction adviser explain whether the household can retain funds for living costs without breaching the signed sale or investment commitments. Immigration counsel should assess the consequences for the actual investment, rather than assuming money earmarked for a child’s housing is already qualifying capital.
In immigrant-visa travel, relatives must arrive with or after the principal. If household members hope to move in different months, use that order and their actual documents when considering housing or school commitments; possession of the sale proceeds is not immigration permission.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- U.S. Code — INA 203(b)(5), investment thresholds and adjustment
- USCIS EB-5 policy manual
- USCIS I-829
- 8 USC 1153 — permissible capital and jobs
- 8 CFR 204.6(e) — qualifying employees only