US Visa Rule: Children may lose eligibility @ 21

Visa Ban

‎Families planning to relocate to the United States with their children have been advised to pay close attention to their children’s age during the immigration process.

The US Department of State said children seeking to immigrate with a parent must be unmarried, qualify under the parent’s visa category and be under 21 when they enter the United States.

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

This means a child who turns 21 before entering the US could lose eligibility under the parent’s immigration petition and may require a new petition, potentially leading to a lengthy wait for an immigrant visa.

However, the National Visa Center may expedite a case if a visa is available under the relevant category before the child turns 21.

The department also pointed to the Child Status Protection Act, which can protect a child’s eligibility in certain circumstances, although the protection is not automatic.

A consular officer will determine whether the law applies during the parent’s immigrant visa interview.

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