Children under the EB-3 category are a top concern for parents, since the children’s future is often the main motivation for immigrating. This category allows eligible children to accompany their parents and enjoy permanent residence. This article clarifies the requirements for children to accompany and the benefits they receive in the United States.
Understanding the requirements for children helps parents plan properly, especially when a child is near the age limit.
What requirements must children under the EB-3 category meet
Theo U.S. Citizenship and Immigration Services (USCIS), an accompanying child must be unmarried and under 21 years old. Both conditions must be met for the child to qualify for benefits under the parent’s category.
An important point to remember: age is assessed at the time the child is issued a green card, not when the application is first filed. This is why timing is so important for families with older children, since a child may exceed the age limit while waiting for many years.
The child’s right to education in the United States
Once a child receives a green card and becomes a permanent resident, the child is entitled to attend school like any other permanent resident. This includes attending schooling at the levels available in the locality where the family resides.
This is one of the greatest benefits many families aim for. Stable, long-term access to education for children is a key motivation for immigrating. According to U.S. Department of State, a child issued an immigrant visa together with the parent enters the United States as a permanent resident.
The risk of a child aging out
A major risk for families with older children is the child turning 21 while waiting. Because the process can take many years, a child may cross the age limit before the application is completed, resulting in loss of eligibility to accompany the parent.
Fortunately, there is a legal mechanism that helps protect part of a child’s age during the waiting process, known as the child age protection mechanism. This mechanism is quite complex and will be discussed in detail in a separate article. For families with a child nearing 21, this is an issue that requires special attention and early research.
Notes for parents when planning
For families with children, the immigration plan should factor in the child’s age from the outset. The closer the child is to 21, the more urgent the timing factor becomes, and the more important it is to thoroughly understand the age protection mechanism.
In addition, parents should prepare complete and clear documentation proving the parent-child relationship. Documents such as birth certificates must be valid and consistent. Thorough preparation helps the child avoid obstacles when completing the immigration application together with the parents.
Summary
Children under the EB-3 category may accompany their parents if unmarried and under 21 at the time the green card is issued, and they are entitled to education like any other permanent resident. The greatest risk is the child aging out while waiting. You should plan early, pay attention to the child’s age, and look into the age protection mechanism.
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References
- U.S. Citizenship and Immigration Services (USCIS) – https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- U.S. Department of State – https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process.html
Read more: Overview of the EB-3 visa for US immigration · Sponsoring relatives after EB-3: Possibilities and limits to know
