A spouse and unmarried children under 21 may be derivatives, but age, visa availability and Child Status Protection Act questions require individual review.
Put the child’s calendar beside the case calendar
Hypothetical example: an investor’s child will turn 21 while the petition is pending. Record the child’s date of birth, petition dates, visa-bulletin facts and any status information, then assess the applicable child-protection rules with current authority. Do not assume the parent’s approval automatically preserves every child’s eligibility.
Use birth certificates, passports and petition receipts to establish each derivative child’s identity, age and procedural dates. Chart the child’s birth date, the EB-5 petition (I-526 or I-526E) filing, adjudication, visa availability and any required next action under the governing age-protection rules. Address inconsistent birth records, custody facts or case dates that could alter the child-age analysis.
The family should not postpone review merely because the principal investor’s petition remains pending. Evaluate derivative eligibility for the spouse and each unmarried child under twenty-one with current CSPA analysis, visa timing and conditional-residence planning. Confirm the dependent’s passport, relationship evidence, status record and intended daily activity independently.
A family may share a move, but immigration permissions are not automatically shared in the same way. Update the review if employment, school or age facts change. Check the final record again if an event changes the facts before action is taken.