The US Department of State has warned families seeking to immigrate to the country that children could lose their eligibility to join their parents if they turn 21 before entering the US.
Under the immigration requirements outlined by the department, a child seeking to immigrate alongside a parent must be unmarried, qualify under the parent’s visa category and be below the age of 21 at the time of entry into the United States.
The department cautioned that families with children nearing their 21st birthday should pay close attention to the timing of their immigration process.
“If your child will soon turn 21, your child could become ineligible to immigrate with you,” the department said.
A child who loses eligibility because of age may require a new petition to be filed. According to the department, this could result in a lengthy wait before the child is able to secure an immigrant visa.
However, the National Visa Center may be able to speed up the case where a visa is available under the relevant category before the child reaches the age of 21.
The department noted that such an expedited process would not be possible where no visa is available before the child turns 21.
The US government also highlighted the Child Status Protection Act, which provides protection in certain limited circumstances and may allow a child to retain eligibility under the parent’s immigration petition despite reaching the age of 21.
However, eligibility under the law is not automatic.
The department said a consular officer would assess whether the Child Status Protection Act applies to the individual case during the parent’s immigrant visa interview.
