Is the age of children frozen during the EB-3 process?

The EB-3 immigration process involves several stages and rules that may seem confusing at first glance, especially when it comes to including dependents, such as children, in the process. A very common question among applicants is whether the age of the children is frozen during the EB-3 process.

In fact, age protection for derivative children is not automatic, but there are legal provisions, especially the Child Status Protection Act (CSPA), which can help ‘freeze’ the dependent’s age for eligibility purposes. Generally, for a child to be considered a dependent, they need to be under 21 years old at the time of the principal petition.

If there is a risk of ‘aging out’ (when the child turns 21 during processing), the CSPA may, in certain situations, allow the age to be calculated in an adjusted manner, taking into account the processing time of the petition. Thus, even if the child turns 21 during the process, they may still be considered eligible, provided that the CSPA requirements are met.

It is important to remember that each case has its specificities, and the details of the age calculation under the CSPA may vary according to the progress of the process. Therefore, it is essential to always follow the United States immigration laws and be careful when seeking information – avoid falling for scams or marketing campaigns that promise guaranteed results without an individualized analysis.

It is strongly recommended to get information from official sources or consult specialized professionals who can help understand the specific case, clarify doubts about the application of the CSPA, and provide general guidance on the steps of the EB-3 process. This way, you ensure that your rights and those of your family are preserved according to current regulations, without taking unnecessary risks.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.