No automatic protection should be assumed. Have visa availability and any Child Status Protection Act calculation assessed individually.
Record the actual dates
Identify each child’s age, relationship and relevant case milestones. Do not use an investment subscription date as a substitute for the legal analysis of derivative eligibility.
A spouse and unmarried children under twenty-one may be included as derivatives, but derivative status is permanent residence too, with the same expectation of living in the United States. Where a child is seventeen or eighteen when the process begins, the timeline itself becomes a planning problem, since adjudication and visa availability can consume years. Collect each family member's civil documents early, and ask counsel about a child approaching twenty-one, since age calculations depend on the individual record. An accompanying spouse or unmarried child under 21 needs the applicable immigration assessment, including any CSPA age calculation; eligible derivatives do not each become a principal investor. Conditional permanent residence, once granted, is conditional for the family as well, and the later petition to remove conditions turns on the investment's record rather than on anything the household did.