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"Aging Out" arises in some situations when a relatively old child applies for adjustment of status, consular processing, or naturalization. In many instances, alien children are eligible for immigration benefits if they are the children of a U.S. citizen or permanent residents, or the children of a beneficiary to an immigrant petition. Under the immigration law, a child is defined as an unmarried person under the age of 21. In the past, if a child applicant or beneficiary reached the age of 21 and his/her application for adjustment of status or application for immigration visas was still pending, that child lost eligibility for a Green Card. Children who turned 21 before their applications were decided, "Aged Out." As a result, they could not enjoy many of the immigration benefits they originally petitioned for while they were still minors. However, the Child Status Protection Act has recently modified and changed the “Age Out” rules in favor of prospective immigrants.
For more information about the “Age Out” problem and the changes enacted by the Child Status Protection Act, please click here.
For more information about Consular Processing, please click on one of the following topics below:
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Consular Processing vs. Adjustment of Status
Age Out in Consular Processing
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Frequently Asked Questions about Consular Processing |