A child nearing 21 is a situation that requires special consideration when a family applies under the EB-3 category. Because the process can take many years and the child’s age is assessed at the final step, the risk of the child aging out is real. This article guides you on how to think about and plan for this sensitive situation.
This is an urgent issue for some families. Understanding it early helps you act in time rather than regretting it later.
Why a child nearing 21 is an urgent issue
Theo U.S. Citizenship and Immigration Services (USCIS), a child’s eligibility to accompany is based on being unmarried and under 21. This age is calculated at the time a visa becomes available, not when the application is first filed.
Because the process can take many years, a child who is 18 or 19 at the start may turn 21 before the application is completed. This is why families with a child nearing the age limit should treat timing as their top priority.
The age protection mechanism and its limits
Fortunately, there is an age protection mechanism for children that allows subtracting processing time from the child’s actual age. However, this mechanism is not always enough to protect every case.
According to the visa bulletin from U.S. Department of State, the visa wait time affects whether this mechanism can save the child’s eligibility. If the wait is too long, even after subtracting the processing time, the calculated age may still exceed 21. So this mechanism should not be viewed as an absolute guarantee.
How families should plan
For families with a child nearing the age limit, a few principles help reduce risk. First, act early and do not delay, since every month matters. The longer the application has been pending, the more that time counts toward the protection mechanism, so starting early is advantageous.
Next, closely track the visa bulletin and act as soon as your turn comes up. Missing the deadline to act can forfeit the age protection. Finally, families should seek in-depth consultation to calculate the specifics of their child’s case, since this is a complex issue.
If the child is at risk of aging out
If a child is at high risk of aging out, the family needs to carefully consider alternative options. Some families look into other pathways for the child, or adjust their overall plan.
It is important not to ignore the issue in the hope that things will resolve themselves. A child aging out can mean the child is unable to accompany the parents, a serious consequence. So families with a child nearing 21 should put this issue on the table from the start and seek consultation to make the right decision.
Summary
A child nearing 21 is an urgent situation because the child may age out while the application is pending for many years. The age protection mechanism helps but is not an absolute guarantee. You should act early, closely track the visa bulletin, and seek in-depth consultation to protect your child’s chance to accompany you.
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References
- U.S. Citizenship and Immigration Services (USCIS), Child Status Protection Act – https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa
- U.S. Department of State, Visa Bulletin – https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Read more: Overview of the EB-3 visa for US immigration · Continuous residence for EB-3 naturalization: Requirements to meet
