I am from Albania and now living in New Jersey with my family. One of my biggest concerns is about my children’s immigration status. They came with me on a dependent visa, but I am worried about what will happen to them as they grow older. I have heard stories of immigrant children "aging out" and losing their ability to stay in the U.S. legally once they turn 21, even if their parents are still in process for a green card. Can you explain how the law protects immigrant kids from aging out and what options we have to secure their future?

Question

Lalita Chakraborty · Accepted Answer

The Child Status Protection Act (CSPA) helps protect certain immigrant children from aging out when they turn 21. It can freeze their age for immigration purposes if their parent’s petition was filed before they turned 21.

Nkosinathi Ndlovu · Answer

Your children may qualify for CSPA protection, which can allow them to remain eligible as dependents even if they pass the age of 21.

Mahboubeh Mahboubeh · Answer

The biggest risk immigrant kids face is “aging out” at 21, which can remove them from their parent’s green card process. However, the Child Status Protection Act (CSPA) was designed to stop this from happening in many cases by calculating a child’s “immigration age” differently than their real age. If your petition was filed while your children were still minors, CSPA may lock in their eligibility even after they turn 21. The key is whether the petition and visa process moved forward before they reached that age. An immigration attorney can review your timeline and confirm whether your children are protected.

Fatbardha Shehu

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