What Happens if a Child Ages Out Before Receiving a Green Card?

Historical Information Notice: This article preserves the context and scope of its original publication on 03/30/2022. Laws, policies, procedures and fees may have changed. Do not rely on it as a current filing or action guide. Consult a qualified attorney about current requirements and their application to your circumstances.

Why age and timing matter

Sometimes parents go to the United States alone to work hard, and after they have stabilized their lives and obtained legal status, they will consider bringing their overseas children to the United States to live together. When this happens, these parents will consider how to apply for legal status for their children so that they can come to the United States. Immigration law is important to all immigrants, and immigrants must follow all the changes to the immigration law carefully.

Turning 21 does not automatically mean a beneficiary loses child classification. The outcome depends on the relationship, petition category, and any applicable Child Status Protection Act (CSPA) protection. A petition itself does not authorize a person to remain or work in the United States.

CSPA rules depend on the category

CSPA rules differ between immediate relatives, preference beneficiaries, and other categories. Relevant events can include filing, naturalization, and visa availability; they should not be treated as interchangeable age-freezing rules for every family.

CSPA age for children in visa preference categories is calculated by subtracting the length of time the I-130 was pending from the child’s age on the date an immigrant visa became available. To take advantage of the CSPA provisions, a child in a preference category must “seek to acquire” permanent residence in the U.S. within one year of the visa number becoming available.

If CSPA does not preserve child classification, the possible conversion or continued eligibility depends on the petition type and family relationship. F-2B conversion is not the universal result for every child who ages out.

Naturalization and category changes

A parent’s naturalization may change the category and raise a separate opt-out question in eligible cases. Check the applicable monthly Visa Bulletin and the USCIS CSPA policy, including the relevant filing and policy dates. Do not rely on an undated statement that F-2A is current.

A family’s age-out analysis should use exact dates, notices, visa availability, and the applicable seek-to-acquire rules. Legal assistance can help identify available options, but cannot guarantee a seamless process or a particular result.

The experienced immigration lawyers at Blumsack & Canzano provide various legal services to employers, employees, individuals, and families in the Boston area and other areas. Immigration issues are complex, and if they are not handled properly, they may have serious impacts. We have an in-depth understanding of immigration law and are committed to providing customers with comprehensive solutions in all areas of immigration law.

Legal Disclaimer. Originally published: 03/30/2022. This article provides general information only and is not legal advice for any particular matter. Laws, policies, procedures, fees and agency practices may change; their application depends on the facts and jurisdiction. Consult a qualified attorney about your circumstances before acting on this information. Reading this article or contacting Blumsack & Canzano does not, by itself, create an attorney-client relationship. Past results do not guarantee future outcomes. This material may be considered attorney advertising in some jurisdictions.