"Aging out" refers to immigration cases where a person turns 21 during the process of applying to become a lawful permanent resident as a "child." Under federal law, a person can become a lawful permanent resident if he/she is the child of a U.S. citizen or permanent resident. Usually, this person is unmarried and under 21.
The Child Status Protection Act (CSPA) of 2002 prevents your child from "aging out." If you are a U.S. Citizen, your child will not "age out." However, if you are a legal permanent resident, you should check with your local immigration office to determine if and when your child will "age out."The CSPA changed the determination of who could be considered a "child" for visa purposes.
If you are a U. S. citizen, you should file Form I-130 (Petition for Alien Relative) for your child before he/she turns 21. Once you have done that, he/she will be considered a child for immigration purposes even if the U.S. Citizenship and Immigration Services (USCIS) does not take action on the petition before your child turns 21.
If you are a lawful permanent resident, you should also file Form I-130 before your child turns 21. Under the CSPA, the age of your child will be calculated by using the date that the priority date of the Form I-130 becomes current, and subtracting the number of days that the I-130 is pending. Also, your child must try to obtain lawful permanent resident status within a year of visa availability.
An immigration lawyer would be able to go over and discuss the applicable laws with you. A lawyer would be able to determine if your child has or has not aged out based on the CSPA. Also, a lawyer would be able to help you deal with any immigration officials or government agencies that you may encounter.
Last Modified: 07-13-2011 12:05 PM PDTLaw Library Disclaimer
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