The investor’s agreement does not grant the spouse immigration status or current work permission.
Separate governance from residence
A spouse and unmarried children under 21 may generally seek derivative status, subject to applicable age-protection and other rules. EB-5 conditional residence begins at immigrant admission or adjustment approval. Payment or petition approval alone does not establish that milestone for the household.
Derivative family planning requires accurate civil records and attention to the principal investor’s process, visa availability, and each person’s eligibility. The Child Status Protection Act addresses part of that gap for some applicants by allowing certain periods to be subtracted from a child's age, and whether it helps a particular family is a question for counsel rather than an assumption. The Child Status Protection Act can preserve eligibility in defined circumstances, and it is technical enough that it should be assessed at the outset rather than when the birthday approaches. The common mistake is tying school or housing commitments to a rough petition forecast while ignoring visa availability, admissibility, and separate travel sequencing. Record each family member's country of birth as well, since chargeability generally follows birthplace rather than residence or passport and can change the waiting picture materially.