Short answer: yes. With an EB-3 Unskilled green card, your husband or wife and your unmarried children under 21 can get green cards too, as "derivative" family members. They do not need their own PERM, job offer or I-140. They use your priority date and come with you, or later. The key risks are a child turning 21 and a marriage that happens too late.
Can my spouse and children come with me on EB-3 Unskilled?
U.S. law lets the spouse and children of an employment-based immigrant receive the same category and the same priority date as the worker. The USCIS Policy Manual calls them "derivatives". In practice this means:
- Only you (the worker) need the job offer, PERM and I-140.
- Your family waits in the same Visa Bulletin line as you. They do not wait longer and they cannot come earlier than you.
- Each family member still files their own DS-260, has their own medical exam and attends the interview.
- Your family members use visa numbers from the same yearly limit of about 10,000 Other Workers visas. This is one reason the line moves slowly.
Who counts as family – and who does not
| Family member | Can be a derivative? |
|---|---|
| Husband or wife, married before you become a permanent resident | Yes |
| Unmarried child under 21 (also a stepchild or adopted child, if the legal rules are met) | Yes |
| Child who turns 21 before the visa, with "CSPA age" still under 21 | Yes – see the next section |
| Married son or daughter (any age) | No |
| Spouse you marry after you become a permanent resident | No – needs a separate family petition with its own waiting line |
| Parents, brothers, sisters | No |
The marriage must exist on the day you are admitted to the U.S. as a permanent resident (or approved, if you adjust status inside the U.S.). If you plan to marry, it is better to do it before your visa interview and tell your attorney, so your spouse can be added to the case. A child born later from a marriage that already existed at that time can also join you.
What if my child turns 21? (CSPA)
This is the biggest worry for many families, because the EB-3 Unskilled process takes about 5 years. A law called the Child Status Protection Act (CSPA) protects some children. The USCIS CSPA page gives the formula:
CSPA age = age on the day a visa becomes available − the time the I-140 was pending
The visa "becomes available" on the later of two dates: the I-140 approval date, or the first day of the month in which the Final Action Date in the Visa Bulletin reaches your priority date. If the CSPA age is under 21 and the child is still unmarried, the child can stay in the case. The child must also seek to acquire the green card within one year, for example by submitting the DS-260. Missing that year can cost the protection.
A worked example with dates
Example only – your dates will be different:
- Your daughter was born on 1 August 2008.
- Your I-140 was filed on 1 February 2025 and approved on 1 July 2025: it was pending about 5 months.
- The Final Action Date reaches your priority date in the bulletin for September 2029. On 1 September 2029 she is 21 years and 1 month old.
- CSPA age: 21 years 1 month − 5 months = 20 years 8 months. She is protected, if she stays unmarried and her DS-260 is submitted within one year.
Note that a long I-140 processing time helps here, while premium processing gives a shorter pending time to subtract. Ask your attorney before choosing it if a child is close to 21. Our free child age (CSPA) calculator does this calculation for your own dates.
Coming together or coming later
Your family can accompany you (visa issued together or within six months of yours) or follow to join you later. USCIS notes that the State Department sets no fixed deadline for following to join, but you must still be a permanent resident and the relationship must still exist. Two practical points:
- A family member cannot get the green card before you do.
- If your family lives in Bangladesh and you work in Korea, ask your attorney early which embassy will handle each person, so nobody's interview is delayed. See our Dhaka interview data.
Documents your family will need
- A valid passport for every person.
- Birth certificates for everyone, and your marriage certificate. Names and dates must match the passports exactly.
- Police certificates for family members old enough to need them, from the countries listed for them in the State Department's rules.
- A medical exam for each person with a panel physician before the interview.
- Proof of how the family will live in the U.S.: the job offer and, where possible, savings. Consular officers now look closely at this – see our rule changes page.
Our document checklist lists each document with the Bangladesh and Korea details.
FAQ
Do I have to bring my family at the same time?
No. They can follow you later as long as you remain a permanent resident and the relationship still exists. But a child's CSPA protection still depends on the one-year rule, so do not wait too long to start their DS-260.
Does adding my family make my case slower?
No. Your family uses your priority date. Missing or inconsistent family documents, however, can delay the whole interview.
Can my wife work in the U.S.?
Yes. Once she has her green card she is a permanent resident and can work, like you.
This article is general information, not legal advice. Your attorney decides on your case. Sources: USCIS Policy Manual, Volume 7, Part A, Chapters 6–7 and the USCIS CSPA page, checked in November 2026.