Possibly. 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. The child's own dates must be reviewed.
Age is calculated, not simply read from a birth certificate
EB-5 derivatives are the investor's spouse and unmarried children under 21. A child who is twenty when the petition is filed and twenty-two when a visa becomes available appears to have aged out, but the Child Status Protection Act provides a formula: the period during which the petition was pending is subtracted from the child's biological age on the date a visa becomes available, and the child must seek to acquire the visa within a year of that date. Whether a particular child is protected depends on the filing date, the approval date, the visa bulletin and the child's birthday, and no general assurance can be given here.
What the family can do is file as early as the loan and project documents allow, keep the child unmarried until the process concludes, and calendar the one-year window carefully. A child who does not benefit from the calculation would need an independent basis to immigrate. Marriage of the child at any point ends derivative eligibility.