Is the age of children locked in at the time of the I-360?

It is important to understand that, in immigration processes, the way eligibility of dependents (such as children) is determined can vary according to the visa category and the rules applicable at that time. In the case of certain EB‑4 visa petitions, there is indeed a mechanism that “locks” the age of children, which can be crucial so that they do not age out and lose their eligible dependent status.

In practice, many EB‑4 petitions use provisions similar to those protected by the Child Status Protection Act (CSPA), which may allow the children’s age to be calculated based on a date considered for the processing of the petition – usually the date the I‑360 form is filed or when it is actually approved. This age “lock” aims to compensate for any delays in petition processing and prevent children from losing eligibility simply because they had a birthday while the process is ongoing.

However, it is essential to note that each case has its particularities and that the rules may be interpreted slightly differently depending on the circumstances of the petition and changes in immigration legislation. Thus, although many times the act of filing (or approval) of the I‑360 is used as a milestone to define the age of dependents, this rule should be applied according to the specific criteria of your case and in line with the instructions of the responsible agencies.

I emphasize the importance of always strictly following United States immigration laws and exercising caution when seeking information – avoiding scams and offers that promise miraculous results. Seeking accurate and updated information from official sources and specialized professionals helps ensure that the process is conducted within legal parameters and safely.

I hope this explanation has helped clarify the doubt about the “locking” of children’s age in the context of the I‑360 for the EB‑4. Remember to always monitor any updates in immigration rules and regulations so your process remains compliant with the law.

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.