aging out | Scott Legal, P.C.

Family Immigration Immigration

What if I am a derivative beneficiary in a green card application and I age out before the green card application is approved? Am I still eligible for a green card?

Let’s analyze the following scenario: Your uncle is a United States citizen and you want to immigrate to the United States. You cannot file form I-130, as nephews and nieces of a United States citizen are not one of the…

Jenny ZhanJanuary 16, 2019

Family Immigration Immigration

What is Aging Out? How do I Prevent My Children from Aging Out?

The Immigration and Nationality Act defines a child who as a person under the age of 21 and is unmarried. Parents who apply for non-immigrant and immigrant visas in the United States can include their children (including biological, step, and…

Jenny ZhanJune 29, 2018

E-2 Visa Immigration Investor Visas

Can my child come with me to the U.S. on my E-2 visa? What happens to my child’s status when he or she turns 21?

Nonimmigrant visas such as the E, L, O, and H-1B allow for the principal visa holder’s children to also come to the United States with dependent visas. The children are permitted to stay in the U.S. and can attend school,…

IanScottSeptember 28, 2016

Family Immigration Immigration

Can I apply for a green card for my child after my child turns 21? What happens if my child turns 21 before a visa becomes available?

The Immigration and Nationality Act defines a “child” as a person under the age of 21. If you have a child that is 21 or over the age of 21, he or she would be classified by Immigration as a…

IanScottSeptember 22, 2016