US Announces Age Limit for Children Joining Their Parents in America through Family Visa
- The US government has set the age limit for children seeking to immigrate with or join their parents through a family-based visa
- Legit.ng learnt that children approaching the age limit face a risk of becoming ineligible before their parents' visa process is complete
- A federal law called the Child Status Protection Act may apply in some cases, but only a consular officer can determine eligibility
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The United States government has confirmed that children must be under 21 years old and unmarried to qualify for immigration alongside a parent or to join a parent already in the country under a family-based immigrant visa.
According to guidance published by the US Department of State, children must also be eligible under the specific visa classification their parent holds.
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All three conditions — age, marital status, and visa eligibility — must be met at the time the child enters the United States, not at the time of the application.
What happens when a child turns 21
If a child is close to their 21st birthday, they risk losing eligibility to immigrate under a parent's petition before the visa process concludes.
In that situation, a separate petition must be filed for the child, and there could be a significant waiting period before a visa becomes available for them.
The National Visa Centre (NVC) may be able to fast-track a case if visas are available in the relevant category before the child's birthday. However, the NVC cannot speed up a case where no visas are available in that category before the birthday passes.
Child Status Protection Act and what it covers
The US government also highlighted a federal law known as the Child Status Protection Act (CSPA), which applies to a limited set of cases. This law may allow a child to remain eligible under a parent's petition even after turning 21, depending on the circumstances. A consular officer makes the final determination on whether the CSPA applies during the parent's visa interview.
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The guidance is particularly relevant for Nigerian families navigating the US immigrant visa process, as many parents either apply for Green Cards or seek immigrant visas that include dependent children.
Given the lengthy processing timelines common to family-based Green Card applications, children who are teenagers when a petition is filed may be approaching the 21-year threshold by the time a visa becomes available.
Parents are advised to monitor their children's ages closely throughout the application process and to contact the NVC promptly if a child is at risk of ageing out before the family's case is resolved.
In a related story, Legit.ng reported that the US had named two relatives that Green Card holders can sponsor to join them in America.
When Green Card holders need to change cards
Meanwhile, Legit.ng previously reported that the US had listed situations that would require Green Card holders to change their cards.
The guidance is aimed at helping Green Card holders understand when obtaining a replacement card is not optional but mandatory.
The guidance serves as a reminder that holding an outdated, inaccurate, or physically compromised Green Card can have consequences for lawful permanent residents, particularly those who may not be aware that certain life changes automatically require them to act.
Source: Legit.ng
