Usually not. Derivative spouses and children are included on the investor’s Form I-829 and their conditions are removed with his; a derivative files separately only in defined circumstances, such as divorce or the investor’s death.
One petition for the family, with exceptions
The spouse and unmarried children under 21 who obtained conditional residence as derivatives of the EB-5 investor are ordinarily included in the investor’s petition to remove conditions, and the approval covers everyone listed. In the hypothetical, the wife and their two children, aged 15 and 19, were admitted with the husband as principal and will be listed on his I-829. A child who was under 21 when admitted does not lose conditional residence by turning 21 during the two years; the age limit governs who may obtain derivative status, not who keeps it.
Separate filing is required or permitted where the family has divided: a spouse who has divorced the investor, or a child of a deceased investor, may file an I-829 on his or her own, relying on the investor’s investment and job creation. During the conditional period each family member may work or study without restriction and is subject to the residence obligation, so a 19-year-old who returns to Canada for university should plan durations with abandonment in mind.