Can children who are 20 years old continue if they are 22 by the date of the interview?

The EB-3 visa process has specific details regarding dependent eligibility, especially concerning the age of children, who generally must be unmarried and under 21 years old to qualify as dependents.

When a child is initially eligible, for example, at 20 years old but exceeds the age limit by the interview date, they are usually considered ‘aged out’ and do not automatically qualify.

However, the Child Status Protection Act (CSPA) may protect these dependents, allowing their age to be calculated based on earlier dates, such as the petition date, thereby preserving their eligibility.

The application of the CSPA is technical and depends on individual case analysis and meeting specific criteria. Without this protection, the child will not be able to continue as a dependent.

It is recommended to strictly follow immigration laws and seek specialized guidance to ensure a safe and lawful process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.