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The Children's Age-Out and Second Preference Immigration


My father is a 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?


A child of a Permanent Resident who is seeking permanent residency and who will turn 21 will age out, and lose the 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 F2A. 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 F2A. If she stays unmarried, she now is qualified for Family Based Immigration in the Second Preference F2B.

Here the Second Section F2A is for spouses and unmarried children of a green card holder, if the children are younger than age 21. the Second Section F2B is for unmarried children age 21 or older of a green card holder.




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