EB-3 changes in personal status occur when the applicant marries, has a child, or has some other family change while the case is pending. These changes need to be handled correctly so they do not affect eligibility. This article explains EB-3 changes in personal status and how to handle them.
EB-3 Changes in Personal Status: Why It Matters
An EB-3 petition records the applicant’s family status at the time of filing. When there is a change such as marriage or the birth of a child, this information needs to be updated so the new family member can qualify to accompany the applicant.
Handling this correctly and promptly allows a new spouse or newborn child to be added to the case as a derivative beneficiary, immigrating together with the principal applicant.
Getting Married While the Case Is Pending
If the applicant marries after filing the petition, the new spouse may be added to the case as an accompanying family member, provided the correct procedure and timing are followed. Documentation proving a valid marital relationship is required.
The timing of the marriage relative to the case’s milestones can affect how the addition is handled. This is a point worth consulting on to get it right.
Having a Child While the Case Is Pending
A child born while the case is pending can generally be added to the case as an accompanying child. The information needs to be updated and birth certificate documents submitted according to the process.
You should report changes in personal status promptly and refer to adjustment of status process and consult an attorney to add family members correctly.
Summary
EB-3 changes in personal status, such as marriage or having a child, need to be updated promptly so the new family member can qualify to accompany the applicant. Marriage requires valid marriage documents and correct timing; a newborn child can generally be added to the case. You should report changes early and seek professional advice.
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References
- USCIS — Adjustment of Status: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-of-status
- 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
Read more: Overview of the EB-3 visa for US immigration · Does EB-3 Require a Medical Exam? Health Requirements You Need to Know
