Question:
My father is a
U.S. permanent resident (Green Card holder), and he just applied Green
Card for me. I am 19 years old at this time. What is the "Age-Out" for
me if I reach age 21 while my I-485 application is still pending?
Answer:
A child of a
Permanent Resident who is seeking permanent residency and who will turn
21 will age out and lose his/her 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.
For example, for a daughter of a
permanent resident, if the 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. If she reaches 21 while her application for
I-485 adjustment is pending. She ages out and loses her eligibility as
Family Base Immigration in the Second Preference A. If she stays
unmarried, she now is qualified for Family Based Immigration in the
Second Preference B.
(Section 2A: Spouses and
unmarried children of a green card holder, so
long as the children are younger than age 21. Section 2B: Unmarried
children age 21 or older of a green card holder)
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