Age Out

"Age Out" arises in a situation when a “child” applies for adjustment of status, consular processing, or naturalization, and during the processing of the application the "child" turns 21 years of old, and "Ages Out".

Under immigration law, a child is defined as an unmarried person under the age of 21. In many instances, an alien child is eligible for immigration benefits if he/she is the child of an U.S. citizen or permanent resident, the child of a beneficiary to an immigrant petition, or a derivative beneficiary of a parent's employment based immigration. A child who turns 21 before his/her application for adjustment of status or application for immigration visa is adjudicated has "Aged Out", and has lost his/her eligibility for a Green Card.

However, the "Child Status Protection Act" (CSPA) has changed the scenarios in which "Age Out" applies, preventing some children applicants from "aging out" under certain circumstances.

For more information about "Age Out", please click the following topics:

What is "Age Out"
Child Status Protection Act
If you are a USC, does CSPA prevent your child from "aging out"?
If you are an LPR or will be an LPR, does CSPA prevent your child from "aging out"?
Age Out Problems in Employment-Based Immigration
Age Out Problems under the Interplay of the Rule of Concurrent Filing and "CSPA"
Child of Asylee and Refugee
Unmarried Sons or Daughters of Naturalized Citizens
Effective Date of the CSPA

 

Related Items

Family Immigration
Naturalization

 

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