What Immigration Rules Say About Age Limit For Children On US Family Visas

The United States Department of State has cautioned families planning to immigrate to the country that children may lose their eligibility to join their parents if they turn 21 before entering the US.

Under the department’s immigration guidelines, a child seeking to accompany or join a parent must remain unmarried, meet the requirements of the parent’s visa category and be under 21 when they enter the United States.

The department urged families with children approaching their 21st birthdays to pay close attention to the timing of their immigration applications and visa processing.

“If your child will soon turn 21, your child could become ineligible to immigrate with you,” the department warned.

It explained that a child who becomes ineligible because of age may need a new immigration petition, potentially resulting in a prolonged wait before an immigrant visa can be obtained.

However, the National Visa Center may be able to expedite the process where a visa is available under the appropriate category before the child reaches 21.

The department noted that expedited processing would not be possible if no visa is available before the child’s 21st birthday.

The US government also pointed to the Child Status Protection Act, which offers protection in certain circumstances and may allow some children to retain their eligibility under a parent’s immigration petition after turning 21.

The department stressed, however, that protection under the law is not guaranteed and depends on the circumstances of each case.

According to the guidance, a consular officer will determine whether the Child Status Protection Act applies during the parent’s immigrant visa interview.

The warning highlights the importance for families with children nearing 21 to monitor visa availability and the progress of their immigration cases closely, as reaching the age limit before entry into the US could affect the child’s ability to immigrate with the parent.