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What is an "Aging Out" case?
An "Aging Out" case is a situation referring to a person¡¯s
petition to become a permanent legal resident as a "child" (for
definition please see child as defined in the Immigration and Nationality
Act), and in the time that passes during the processing of the
application, the "child" turns 21, and "Ages Out."
Under immigration law, a person wishing to become a
permanent resident based upon his or her status as a "child"
must meet the definition of child as found in the Immigration and
Nationality Act. In general, this person must be unmarried and under the
age of 21. Prior to the passage of The Child Status Protection Act (CSPA)
on August 6, 2002, if the child turned 21 years of age before his or her
adjustment of status was completed, the child "aged out" and
could not become a permanent resident.
Does The Child Status
Protection Act (CSPA) prevent my child from ¡°Aging Out?¡±
If you are a United States Citizen petitioning on behalf of your child,
yes, the CSPA prevents your child from "Aging Out." If you are a
Legal Permanent Resident petitioning on behalf of your child, a formula
for timing is clarified in the September 20, 2002.
The CSPA was enacted on August 6, 2002. This law
amends the Immigration and Nationality Act by changing how an alien is
determined to be a child for purposes of immigrant classification. This
law changes who can be considered to be a "child" for the
purpose of the issuance of visas by the Department of State and for
purposes of adjustment of status of aliens by the Bureau of Citizenship
and Immigration Services (CIS).
Under the CSPA, if you are a United States citizen
and you file a Form I-130, Petition for Alien Relative, on behalf of your
child before he or she turns 21, your child will continue to be considered
a child for immigration purposes even if the CIS does not act on the
petition before your child turns 21.
Under the CSPA, if you are a lawful permanent
resident and you file a Form I-130 on behalf of your child before he or
she turns 21, your child¡¯s age will be determined using the date that
the priority date of the Form I-130 becomes current, minus the number of
days that the Form I-130 is pending. In addition, your child must seek to
acquire the status of a lawful permanent resident within one year of visa
availability. This provision also applies to derivative beneficiaries on
family-based and employment-based petitions.
How Can I Check the Status of
My Application?
Please contact the CIS office that received your application. You should
be prepared to provide the CIS staff with specific information about your
application.
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