An eligible spouse and unmarried children under 21 may seek derivative status under the applicable process. That role is distinct from making an independent principal investment.
Preserve individual eligibility
Relationship, timing and actual case evidence still require assessment; the account title alone does not establish them.
Government charges attach to the investor petition, to adjustment of status or consular processing for each family member, and again to removing conditions two years later; Form G-1055 is the reference and should be checked when each stage is reached. The first review should produce a derivative chart keeping investor rights, household relationships, and separate admissibility visible.; each conclusion should point to the record that settles it. Spouses included as derivatives obtain their status through the principal, and conditional permanent residence and its two-year period apply to the family as well, which matters when planning schooling, travel and any later filings. Ask counsel how a child's age would be assessed on the route contemplated, since age protection depends on the facts rather than on a fixed rule, and preserve documents supporting each person's relationship and birth details.
- USCIS — EB-5 investor program
- USCIS — business and investment visa overview
- USCIS — Child Status Protection Act
- Department of State — Visa Bulletin
- USCIS — fee schedule
- 8 USC 1153(b)(5) — investor capital and adjustment provisions
- USCIS — Petition by Investor to Remove Conditions on Permanent Resident Status