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PICKERING · EB-5 FIELD GUIDE

Does my family’s temporary status continue after we file EB-5?

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THE DIRECT ANSWER

The investor petition does not automatically extend or replace a spouse’s or child’s existing status. Each person’s authorized stay and work permission depend on the rules and documents applicable to that person.

Build a separate transition calendar

Track admission and authorization expiry dates alongside the immigrant case, including any dependence on the principal’s employment. Review child age issues and derivative eligibility with counsel. Do not assume a pending petition permits the spouse to begin unrestricted work.

Once family members actually become permanent residents, their resident rights differ from the temporary arrangements they held while the case was pending. Give each family member their own transition calendar and review them together at fixed points. Admission and authorization expiry dates move independently of the immigrant case and sometimes depend on the principal employment, so a single household date conceals exactly the deadline that will be missed.

The investor petition neither extends nor replaces anyone existing status, and a pending petition does not permit a spouse to begin unrestricted work. Review child age issues and derivative eligibility with counsel rather than inferring them from the principal position. Once family members actually become permanent residents their rights differ from the temporary arrangements held while the case was pending, so the calendar changes at that point too.