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← U.S. data centreU.S. IMMIGRATION DATA · OFFICIAL SOURCES

Will my child still come with me?

Children can come with you only while they count as under 21. U.S. law (CSPA) subtracts the time your I-140 was pending from their age. Enter your dates and see each child’s result.

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01

What you must do to keep the protection

  • Within 1 year after the visa becomes available, each child must start their own immigrant visa application (their own DS-260 and visa fee at NVC). The parent’s DS-260 does not count for the child.
  • The child must stay unmarried until they enter the U.S. Marriage ends the protection.
  • Keep the I-140 receipt and approval notices: the dates on them decide the pending time.
  • If the Visa Bulletin moves back after your date was current, the calculation can change – GVS checks this for every family.
02

How it is calculated

  • CSPA age = age on the day the visa becomes available − days the I-140 was pending (filed → approved).
  • The visa becomes available on the later of: the I-140 approval date, or the first day of the bulletin month whose Final Action Date reaches your priority date (the State Department and USCIS both use the Final Action Dates chart).
  • Future dates are estimates from today’s official speeds (DOL, USCIS, Visa Bulletin). “Fast” and “slow” use the fastest and slowest speeds of recent years.
  • Example: real age 21 years 4 months when the visa becomes available, I-140 pending 6 months → CSPA age 20 years 10 months → protected.

Want an EB-3 job with a real U.S. employer?

GVS guides workers in Korea and Bangladesh through PERM, I-140 and the visa interview. Free seminar every Sunday in Seoul.

Sources: USCIS – Child Status Protection Act; USCIS Policy Manual Vol. 7 Part A Ch. 7 (Final Action Dates chart for requests filed on or after 15 Aug 2025); U.S. Department of State 9 FAM 502.1; Visa Bulletin; USCIS I-140 processing data. This is an estimate, not legal advice.

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