In the past, when a U.S. citizen or permanent resident used 'child status' to obtain permanent residency for their child, the application would be denied by immigration authorities if the child turned 21 while the application was pending. What is Aging Out?
Aging out is when a child loses their right to residency because they turned 21 before their application was processed. What is The Law Today?
Fortunately the law has changed and whether you are a citizen or permanent resident, the Child Status Protection Act of 2002 (CSPA) may permit your child to gain residency and prevent them from 'aging out'. If you are a: - U.S. Citizen ¿ Your child will be barred from aging out if they are younger than 21 when the application is submitted.
- Permanent Resident ¿ Your child will be barred from aging out if:
¿ Their age is calculated to be younger than 21 when the application is processed. To determine your child¿s age, the immigration authorities use the age of your child when the application is approved and subtract the time the application pended before approval.
¿ The child takes steps to complete their residency within one year of the visa being available.
Who Qualifies for Aging Out Protection?
At the time the application for residency is submitted the child must be under 21 and unmarried. Do I Need an Immigration Lawyer?
Fearing your child may not gain residency can be very stressful. If your child¿s application is denied because they are over 21, an experienced immigration attorney can suggest other residency options and help you process the required documentation. |
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