I am a US citizen, and
petitioned for my son's Green Card a few years ago. How turning 21 will
affect my son’s eligibility for an immigration visa or green
If your child turns 21 before his or her Priority Date has become
current, that is, before visas are being allotted to people who applied
at the same time as the primary immigrant, the child could be
“age out,” or drop into a lower Visa Preference
category (2B), with a longer waiting period.
However, with the Child Status Protection Act (CSPA), a child can
actually turn 21 without turning 21 in the immigration law.
That is because the law allows you to subtract from the
child’s age the amount of time that it took USCIS to approve
your family’s immigrant visa petition. But this would not
save every child.
Children who turn 21 after their Priority Date becomes current can keep
their 2A status, but there is a catch. The child who has turned 21 must
submit his or her green card application within a year of when the
Priority Date became current.