A family relationship alone is insufficient; derivative eligibility depends on the qualifying relationship and applicable rules.
Decide the actual family structure
Review eligible spouses and children, including case-specific age and CSPA questions. Do not label an independent principal as a derivative simply to avoid a separate investment or case assessment. A spouse and unmarried children under 21 may qualify as derivatives.
The process generally includes an investor petition, an immigrant visa or adjustment of status stage where available, and later removal of conditions, with visa availability and individual circumstances affecting the actual sequence. Record birth dates and petition history and have counsel apply the applicable CSPA calculation to the actual facts rather than relying on a general estimate. Marital status is simpler and harsher: a married child is not a derivative, whatever their age, and marriage during the process removes eligibility that existed at the start. A family with a child close to 21 should map the expected petition processing time, visa availability for the category, and the interval before consular processing or adjustment, and should be prepared for the possibility that the child needs an independent route. Where a child approaches the age limit, raise it early, since any applicable age-protection analysis depends on facts and dates far easier to assemble before a deadline than after one.