If you plan to immigrate to the United States with your children, or to have your children join you in the United States later, you must prove that your children are:
- Eligible to be listed under your visa classification, and
- Under the age of 21 at the time they enter the United States
If your child will soon turn 21, your child could become ineligible to immigrate with you. If your child cannot immigrate with you because of their age, then a separate petition must be filed for your child and there may be a significant delay before your child becomes eligible for a visa.
If visas are available in your visa category before your child's birthday, the NVC may be able to expedite your case so that you and your child can immigrate together. Unfortunately, if visas are not available before the child's birthday, the NVC cannot expedite the case.
There is also a law called the Child Status Protection Act (CSPA), which applies to a narrow range of cases and may allow the principal applicant's son or daughter to remain eligible under this petition. At the time of the parent's visa interview, the consular officer will determine whether or not CSPA is applicable in your particular situation.