EB3 How old are the immigrant children?

The following are compiled by immigrants from Cai Ying:

The period of immigration formalities exceeds 2 1 year.

In the process of immigration, the birthday of 2 1 will become a nightmare. Because starting from 2 1 birthday, the applicant's immigration qualification will be completely changed. When parents' accompanying children apply for green cards, they can't go through immigration formalities as accompanying children after their 2 1 birthday. This means the over-age age and the qualifications of immigrants at that time. According to American immigration law, in the process of applying for immigration with parents as accompanying children, those over 2 1 year old will automatically lose their eligibility for immigration application.

Changes in the scope of immigration

If you are a minor child of a citizen, you can get a green card quickly at any time, regardless of the annual quota. But after 2 1 year-old, they will become the adult unmarried children of citizens and become the first priority category of relatives immigrants. According to the border date stipulated in the immigration schedule, it will be delayed by about 4 years.

If the children of green card holders are over 2 1 year old, they will change from relatives to immigrants, which will be delayed for about 4 years.

If you apply for both I- 140 and I-485, your application will be rejected even on your birthday.

Even if I submit my I-485 application on February1birthday, I may be disqualified. This happens when the professional immigration application (I- 140) and the permanent residence application (I-485), which is the second priority for professional immigrants, are submitted at the same time. If you want to submit an application, you must ensure that I-485 can arrive at the lock box of the immigration office the day before 2 1 birthday at the latest. Arriving on your birthday will also be rejected. Also, when sending materials by FedEx or UPS, we should consider that it will take more than one day to confirm the arrival date in the lock box of the immigration office in advance.

Protection of children's identity, calculation method of immigrant age

Calculation method of immigrant age

1. The actual age of the child (the actual age at which I-485 application can be submitted in the immigration form)

2. Date of submitting immigration application (I- 130, I- 140)

3. Date of approval of immigration application (I- 130, I- 140)

4. Time from submitting immigration application to obtaining permission (#3 minus #2)

5 Age of immigrants in the Child Identity Protection Law =# 1 minus #4

(Even if the actual age is over age, as long as the immigrant is under 2 1 year old, he can continue to apply for a green card. )

After waiting for several years, when the green card is about to be obtained, the children who apply for immigration together will face the so-called overage (overage, loss of immigration qualification). In order to minimize losses, relevant laws have been promulgated and are being implemented. This bill is the Child Identity Protection Act.

According to the Act, when parents submit an I-485 application (application for adjustment of identity, also known as application for permanent residence), the processing time of the immigration application (I- 130, I- 140) (from the date of application acceptance to the time of obtaining permission) is deducted from the actual age of their children.

For example, when I submitted it in -485, my age was 2 1 year and 4 months, which was over age. However, if I- 140 goes through the formalities for five months, the immigrant age obtained by subtracting these five months is 20 years 1 1 month, and the age below 2 1 year is not considered overage (. The starting time at this time is the time when I can accept the I-485 when I go through the formalities in the United States, including my scheduled date within the border date stipulated in the immigration schedule; When you can apply for an immigrant visa in Korea, you can apply for the actual age of your child.