Yes, as derivatives: her spouse and unmarried children under 21 receive conditional permanent residence with her, the children’s ages are protected under the Child Status Protection Act while the petition is pending, and each derivative files to remove conditions with her.
Derivatives share the petition and the two-year condition
The EB-5 petition covers the investor’s spouse and unmarried children under 21 as derivative beneficiaries. They immigrate with her, or follow to join later, and receive the same two-year conditional permanent residence. The husband, who farms in Val-des-Monts, would as a permanent resident be free to work in any occupation, buy farmland or start a business, with no derivative restriction of the kind that applies to TD or nonimmigrant dependants.
The children may study and, once resident, work. The age limit is 21, but the Child Status Protection Act freezes a child’s age during the period the petition is pending, so a child who is 20 when the I-526 or I-526E is filed does not age out merely because adjudication takes time, provided the child seeks to acquire residence within the required period after a visa becomes available. Children who are already 21 or married are not derivatives and would need their own route.
At the I-829 stage the family files together, and each derivative needs a passport and relationship evidence.