EB-3 for people who already have a family is an option many Vietnamese couples consider when they want to bring the whole family to settle long-term in the United States. The appeal is that a spouse and children can accompany the principal applicant. This article explains how EB-3 for people who already have a family works and what to prepare.
EB-3 for people who already have a family: who can accompany
Under the EB-3 category, the spouse and unmarried children under 21 of the principal applicant may accompany as derivative beneficiaries. They share the same category and the same priority date as the principal applicant.
This means that as long as one family member qualifies for employer sponsorship, both the spouse and children have the opportunity to immigrate together. This is a major advantage of the employment-based category.
Benefits for the whole family
When the whole family becomes permanent residents, the accompanying spouse gains the right to live and work in the United States, and the children can attend school. This is the foundation for the family to settle into a new life.
Planning early helps the family prepare full documentation proving the marital relationship and the parent-child relationship, avoiding gaps that could delay the application.
Notes when preparing the family’s application
An accompanying child must meet the legal definition of “child” in terms of age and marital status. For an older child nearing 21, timing is very important, as it can affect eligibility to accompany.
You should refer to official information on employment-based immigration and consult a lawyer to plan for the whole family, especially when a child is close to aging out.
Summary
EB-3 for people who already have a family allows a spouse and unmarried children under 21 to immigrate together under one application. This is a major advantage that helps the whole family settle into life in the United States. You should prepare complete relationship documentation and pay attention to the child’s age when planning.
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References
- USCIS — Employment-Based Immigration: Third Preference EB-3: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3
- USCIS — Green Card for Employment-Based Immigrants: https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants
Read more: Overview of the EB-3 visa for US immigration · Can EB-3 bring the whole family? A detailed explanation
