If I die, can my children continue with the EB-5?

The EB-5 program has quite specific rules and, naturally, unexpected situations can raise questions. One of the common issues is what happens if the principal investor passes away and whether the children, who are derivative beneficiaries, can continue the process.

In general terms, the continuation of the EB-5 for dependents – such as the children included in the original petition – depends heavily on the moment the death occurs and how advanced the process was at that time. If the investor dies after obtaining conditional residence, usually the dependents who were already included in the petition retain acquired rights, considering their inclusion was based on an immigration decision by the United States government that covers both the investor and their qualified family members.

However, if the investor dies before the petition approval or during the removal of conditions process, the situation becomes more complex. In those cases, the process may require substitution of the investor – a measure that is not automatic and is subject to analysis and approval by USCIS (United States Citizenship and Immigration Services). This substitution involves fulfilling a series of additional legal requirements, and any mistake in filing this change can jeopardize the continuity of the process for the dependents.

It is worth noting that American immigration law is quite detailed in this regard. Therefore, it is extremely important to strictly follow the country’s laws and regulations and rely on specialized professionals – also avoiding falling for scams or miracle promises of guaranteed results through marketing campaigns. Each case has its particularities, and analyzing the situation with all the necessary caution ensures a safer handling of the process.

In summary, although there is a possibility that the children may continue as EB-5 beneficiaries, this situation depends on several factors, especially the stage the process is in at the time of the principal investor’s death. For this reason, it is fundamental to understand that the progress of the process in such cases is delicate and full of legal requirements, which reinforces the importance of always consulting reliable sources specialized in United States immigration law.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.