The EB-5 Immigrant Investor Program offers foreign nationals a pathway to US permanent residency through investment. One of its key benefits is the ability to include immediate family members in the application. However, family structures and circumstances can change over time, raising important questions about who can be part of the application and when additional family members can join.
This is where the concept of “follow-to-join” becomes highly relevant. Below, we break down what follow-to-join means in the EB-5 process, who qualifies, and how life events—such as marriage, divorce, or the blending of families—can impact eligibility.
What Is Follow-to-Join?
“Follow-to-join” is a provision in US immigration law that allows the spouse and unmarried children (under the age of 21) of a principal applicant to obtain immigrant visas after the principal applicant has already received theirs. It is especially useful for families who, for various reasons, did not apply together at the same time.
In EB-5, this means that if the investor’s family is not included in the initial application, they may still be able to join the process later, as long as the family relationship existed at the time the principal applicant obtained their conditional green card.
Who Can Be Included in an EB-5 Application?
The EB-5 application allows the following family members to be included as derivative beneficiaries:
- The principal applicant’s spouse; and
- The principal applicant’s unmarried children under the age of 21 at the time that Form I-526E is filed.
Stepparent-Stepchild Eligibility
When you marry someone who has children, those children can qualify as your derivative beneficiaries if:
- The marriage creating the stepparent-stepchild relationship occurred before the child turned 18; and
- The spouse (biological parent) has full guardianship or legal custody at the time of filing.
This allows blended families to immigrate together under one EB-5 application.
Who Can Join Later Through Follow-to-Join?
If a family member was eligible at the time of the principal applicant’s approval but did not initially apply, they may later file for a visa through the follow-to-join provision. This typically applies to:
- Spouses who were married to the principal applicant before the applicant obtained conditional residency; and
- Children who were born or adopted before the applicant’s conditional green card approval.
In these cases, the family member can apply for their visa using Form I-824 after the principal applicant’s conditional green card has been issued.
Adding Children and Understanding CSPA
A child is eligible to be included in an EB-5 application as long as they are unmarried and under the age of 21. However, if the child turns 21 before they can be issued a visa or included through follow-to-join, they may “age out” and lose their eligibility—unless they qualify under the Child Status Protection Act (CSPA).
The CSPA allows certain children to remain eligible even after they turn 21 if their green cards are held up due to delays in the visa process. The CSPA calculates a child’s “adjusted age” by subtracting the time during which the EB-5 petition (Form I-526E) was pending from the child’s actual age at the point the visa becomes available. If the adjusted age is under 21 and the child applies for lawful permanent residency within one year of visa availability, they can still be counted as a child for immigration purposes. If not, the child would need to pursue a separate immigration path.
Read more: What Happens with Children Aging Out as EB-5 Investor Visa Dependents?
Who Cannot Join Later?
Some family changes do not qualify family members for follow-to-join:
- Marriage After Green Card Approval: If the principal applicant marries after obtaining the green card, the new spouse is not eligible under the follow-to-join process and must pursue immigration through a separate family-based petition.
- Children Born or Adopted After Green Card Approval: These children are also not eligible through follow-to-join and would need to go through a family-based immigration pathway.
- Former Spouses: If you divorce your spouse before their green card is issued, they lose eligibility. Divorce after obtaining the conditional green card can also complicate the process and typically leads to the removal of the spouse from the application.
When Should Family Members Be Removed?
Family members must be removed from the EB-5 process if:
- A spouse divorces the principal applicant.
- A child marries (regardless of age).
- A child ages out, turning 21 and not qualifying under the Child Status Protection Act (CSPA).
In such cases, it’s critical to update USCIS records and remove ineligible family members from the application to avoid delays or complications.
Final Thoughts
Family dynamics can be complex, especially in long, multiyear immigration processes like EB-5. Understanding who can join your application, who can follow-to-join later, and when someone must be removed is essential to properly managing your family’s immigration journey.
At LCR Capital Partners, we guide our clients through these details to ensure their family’s EB-5 process is as smooth and as successful as possible. If you are considering the EB-5 program or have questions about your specific family situation, our team is here to help you navigate every step along the way.
