Funding does not itself create derivative eligibility. Each proposed immigrant must qualify under the applicable relationship and personal requirements.
Separate generosity from immigration status
List the investor’s eligible family members and any donor pursuing an independent option. Review child ages and CSPA on actual dates rather than assuming a gift date controls eligibility.
The derivative group is limited to a spouse and unmarried children under twenty-one, which excludes an adult child already living independently and excludes a parent, however dependent. Conditional residence gives the whole family the rights of permanent residents for two years: the spouse may work anywhere, children may study, and no separate authorization is needed. A spouse and unmarried children under 21 are derivatives, and the Child Status Protection Act allows the time a petition was pending to be subtracted from the child's age in the calculation, subject to visa availability and timely action. Immigrant-visa admission or adjustment approval yields two-year conditional residence, and Form I-829 must be filed within the 90-day period immediately preceding the second anniversary; a spouse and unmarried children under 21 may qualify as derivatives. The petitioning investor remains the person whose case is assessed, with a spouse and unmarried children under twenty-one as derivatives, and a relative who contributes capital gains no status from the contribution.