The spouse and unmarried children under 21 may be derivatives. A child’s age is assessed under the Child Status Protection Act, which may freeze it while the petition is pending, but a married child or one over the protected age needs a separate basis.
Check each child’s age against the petition dates
EB-5 permits the investor’s spouse and unmarried children under 21 to obtain conditional permanent residence as derivatives, each paying their own immigrant-visa or adjustment fees. For a retiree with adult children, the age question decides who qualifies. The Child Status Protection Act can subtract the time the investor petition was pending from a child’s age at the point a visa becomes available, so a child slightly over 21 may still qualify; the calculation depends on the filing date, the approval date and visa availability and must be done for each child individually. A child who is married or clearly beyond the protected age cannot be a derivative and would need their own immigration route. Derivatives receive conditional residence and are included on the later I-829, and they may work and study without restriction once resident.
A family review confirms the marriage and each child's age and marital status at the point the immigrant process is started. The investor's spouse and unmarried children under 21 may immigrate as derivatives, but adult children cannot be added simply because the family pays the investment. Plan the conditional-residence stage, school changes, and any child who is near 21 before committing capital. Hypothetical example: a specialty-coffee importer files with a spouse, a 19-year-old daughter, and a 22-year-old son. The daughter may qualify as a derivative if timing permits; the son needs an independent immigration route.