Follow to join EB-3 is a mechanism that allows the spouse and children of the principal applicant to come to the United States later, rather than at the same time, after the principal applicant has already immigrated. This is a useful solution for families who cannot immigrate simultaneously. This article explains how follow to join EB-3 works and the conditions that apply.
Follow to join EB-3 là gì
In many cases, the principal applicant immigrates to the United States first, while the spouse or children follow later due to work, school, or paperwork not being ready in time. The follow to join mechanism allows this family member to come later while still benefiting from derivative status through the original case.
The family member who follows later benefits from the same category and priority date as the principal applicant, as long as the family relationship existed at the time the principal applicant immigrated and still exists when the family member enters.
Core Conditions
The spousal or parent-child relationship must have existed from the time the principal applicant became a permanent resident. This relationship must continue to exist until the family member who follows is admitted or adjusts status.
An important point: if the principal applicant loses permanent resident status or naturalizes before the family member’s case is completed, follow to join eligibility can be affected. That is why the timing sequence is very important.
How to Carry Out Follow to Join EB-3
The following family member generally files through consular processing abroad or through adjustment of status if already in the United States, referencing the principal applicant’s case. Documentation proving the family relationship is the key factor.
You should refer to guidance on derivative beneficiaries following to join on the immigration agency’s website and consult an attorney to prepare the case for the following family member correctly.
Summary
Follow to join EB-3 helps preserve family unity when the family cannot immigrate together, allowing family members to come later while keeping the same category and priority date. The core condition is that the family relationship existed from the time the principal applicant immigrated and still exists when the family member enters. You should pay attention to the timing sequence and prepare complete relationship documents.
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References
- USCIS — Policy Manual, Volume 7, Part A, Chapter 6 (Adjudicative Review): https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-6
- USCIS — Policy Manual, Volume 6, Part B, Chapter 2 (Following to Join): https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-2
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