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Age Out: Child for Permanent Resident

A child of a Permanent Resident who is seeking permanent residency and who will turn 21 will age out and lose his original eligibility. In most cases, if the child turns 21 before the adjustment case is approved, the case moves into another preference category, which can result in a delay in the processing time.

Deborah is a child of a permanent resident. Her parent's petition for her immigration was approved. She applied for I-485 adjustment of status while she was still 20 and unmarried. She was categorized as Family Based Immigration in the Second Preference A. Now she reaches 21 while her application for I-485 adjustment is pending. She ages out and loses her eligibility as Family Based Immigration in the Second Preference A. If she stays unmarried, she now is qualified for Family Based Immigration in the Second Preference B.

A child, as a derivative beneficiary of an I-130 petition, will lose his eligibility to become a permanent resident if he reaches 21 while his I-485 application for adjustment of status is pending.

Jean's maternal grandmother is a U.S. citizen. Jean’s grandmother petitioned for the immigration of her mother. Jean was the derivative beneficiary of this petition. Several years later after the petition was approved, they applied for an I-485 adjustment of status when Jean was 20. While their I-485 application for adjustment of status is pending, Jean turns 21. She ages out and cannot enjoy the derivative benefit of the application of her mother's application.

In this situation, if Jean can keep a valid non-immigration status in the U.S. and stay unmarried until her mother obtains a green card, her mother will be able to file an immigration petition for her as a beneficiary of Family Based Immigration Preference 2B.

If you want to learn more information about Age Out, please visit our Age Out library.

For more information on spouses and children of permanent residents, please click on the following links:

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