Can Family Members Accompany EB-3 Visa Holders?

If you’re considering applying for an EB-3 visa, you may be wondering whether your family members can come along with you. In this blog, we’ll address this important question and provide you with all the details you need to know about bringing your loved ones with you to the United States.

Who Qualifies as a Family Member?

The EB-3 visa allows primary applicants to bring their spouses and unmarried children under the age of 21 to the United States. It’s important to know who qualifies to ensure a smooth application process.

These family members are considered dependents and can take advantage of the opportunities provided to the primary visa holder. Spouses can typically apply for an E-34 visa, while children will need an EW-4 visa. Understanding these specific terms can help demystify the application process.

Additionally, the definition of ‘spouse’ includes legally married partners. Unmarried children must be under 21 to qualify. Knowing these criteria beforehand can save you from potential issues during the application process.

If you’re interested in learning more about who qualifies as a family member under an EB-3 visa, you may want to consult our detailed guide on EB-3 visa requirements. Remember to consult with a qualified immigration attorney to confirm your specific case details.

What is the Dependent Visa?

Family members of EB-3 visa holders need to apply for a dependent visa, specifically called the E-34 (spouse) or EW-4 (child). These visas allow them to live and, in some cases, work in the U.S.

An important point to consider is that while these dependent visas allow spouses and children to accompany the primary visa holder, they come with specific rules. For instance, spouses can generally apply for work authorization, enabling them to seek employment in the U.S.

Dependent visas are a key feature of the EB-3 visa category, offering families the opportunity to remain together while pursuing their American dreams. This cohesive arrangement can significantly enhance the experience for your loved ones.

For a comprehensive look at how to apply for these dependent visas, refer to our detailed guide on the EB-3 visa process and requirements.

How to Apply for Dependent Visas

The application process includes submitting the appropriate forms, providing necessary documentation, and attending visa interviews. We’ll break down each step to make this process clear and manageable.

First, the primary visa holder must have their EB-3 visa approved. Once this is secured, the next step is to file the dependent visa applications for their family members. The forms generally required include Form I-765 for employment authorization and Form I-130 for family sponsorship.

Documentation will typically include proof of the primary visa holder’s status, marriage and birth certificates, and evidence of financial stability. Ensuring all documentation is complete and accurate is crucial to avoid delays in processing.

For more detailed instructions, you can check the basics of the employment-based green card process for additional context and steps you need to follow.

What Are the Processing Times?

Processing times for dependent visas can vary. We’ll discuss what you can expect and how to plan accordingly to ensure your family can join you as soon as possible.

The average processing time for dependent visas can range from a few months to over a year, depending on multiple factors including the completeness of your application and the current workload of U.S. immigration authorities.

It’s advisable to start the application process as early as possible and perhaps even consider premium processing options if available. This can significantly expedite your case.

Stay informed about processing times and possible delays by consulting resources like USCIS’s processing times to ensure you’re up-to-date with current timelines.

Can Family Members Work or Study?

We’ll cover the specific rights of spouses and children under the E-34 and EW-4 visas, including the ability to work and attend school in the U.S.

Spouses of EB-3 visa holders, who have obtained an E-34 visa, can apply for an Employment Authorization Document (EAD). This document allows them to work legally in the United States in any capacity.

Children under the EW-4 visa can attend school in the United States. This provides a great benefit, as they can access the same educational opportunities as U.S. resident children.

For further details on the responsibilities and opportunities for dependents, you might want to consult articles like bringing siblings to the U.S utilizing the EB-3 visa.

Maintaining Visa Status

It’s important for both the EB-3 visa holder and their family members to maintain their visa status. We’ll share tips on how to stay compliant with U.S. immigration laws.

To maintain their visa status, the dependents must ensure they comply with the terms of their visas. This includes not working without authorization and maintaining continuous residence in the U.S.

Another critical aspect is keeping track of the visa expiration dates and renewal deadlines. It’s advisable to set reminders and perhaps consult an immigration attorney to ensure all renewals are timely and correctly filed.

For more insights into visa maintenance, check the EB-2 visa requirements as they share some similarities in terms of compliance and renewal processes.

Bringing Family Members: A Recap

In conclusion, the EB-3 visa allows eligible family members to join you in the United States, making the transition smoother for your loved ones. Understanding the requirements and process is crucial for a successful application. We hope this FAQ has clarified your doubts and provided you with the information needed to proceed with confidence.