More Than 40 Years Of Immigration Law Counsel

Featured Announcement

FY 2022 H-1B Cap Registration Begins March 8, 2021

The FY 2022 H-1B Cap Registration period will begin March 8, 2021, and end March 26, 2021.

The new H-1B cap registration final rule (86 FR 1676) modifying the H-1B cap selection process, amending current lottery procedures, and prioritizing prevailing wage takes effect on March 8, 2021. Our firm expects this to be the start date of the 2022 H-1B cap registration period, even if Biden withdraws the final rule.

  1. Home
  2.  » 
  3. Immigration News
  4.  » Child (Age-Out Protection)

Child (Age-Out Protection)

Both Houses of Congress have passed a law which protects children who are turning 21. This law, currently waiting for President Bush’s signature, will ameliorate a common problem, that is, children of parents applying for adjustment of status, who have turned 21 during the permanent residence process. In the past, such children, now considered adults were not eligible to immigrate to the United States with their parents. The new law looks at the age of the child at the “time of filing” the application rather than at the “time of adjudication”. Therefore, any person under the age of 21 at the time of filing for permanent residence, will continue to be considered as an “accompanying” child.

Children were “aging-out” more and more as the length of time to process adjustment of status applications lengthened. For that reason, the Immigration Service was being requested more frequently to “expedite” such cases. These requests removed resources from the normal processing, creating even further backlogs. Once this new law is signed, there will be no need to use up these valuable resources. Unfortunately, this law will not be retroactive. This law has not yet been signed by the President but it is anticipated to be signed anytime.

Disclaimer : Nothing on this or associated pages should be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation.

Experience Icon


Years Experience

Experience Icon


Experience Icon


Experience Icon


Approval Rating