No automatic derivative residence follows from an ordinary visit. Each qualifying family member needs the applicable immigration process and eligibility.
Plan the principal and derivative sequence
A qualifying spouse and unmarried children under 21 may seek derivative status, subject to individual requirements and applicable age rules. The principal must immigrate before or with the derivatives under the applicable process; shared travel plans do not establish everyone’s status.
The general requirement is at least ten qualifying full-time jobs per investor, not another full investment and ten-job allocation for each eligible derivative child. EB-5 grants conditional permanent residence to an investor, spouse and unmarried children under 21 when qualifying capital is invested in a new commercial enterprise that creates at least ten full-time jobs for qualifying U.S. workers. For residence, confirm the marriage and whether each child is unmarried and under 21, then analyze any applicable age protection using actual dates. Age is measured under the applicable rules, so a child close to the limit needs specific advice early. While a timely I-829 is pending, residence continues and is documented by the receipt notice, which extends the permanent resident card, so the family remains lawfully present even if adjudication takes longer than the two years.