Family members who are receiving immigrant visas through an EB-5 investment as part of the EB-5 program are referred to as derivatives. Your spouse as well as your children under 21 who are not married are included. Family members of the key applicant who rely on the applicant and their immigration rights are determined by the key applicant’s rights are referred to as dependents. Once an applicant files the I–526 with the USCIS, their spouse and their unmarried under 21 children become derivatives.

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