Will my child age out?

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Will my child age out?

My I-140 was approved almost 3 1/2 years ago; my priority date for employment based green card was a little over a year before that. The current priority date for my category is 6 years ago, so that means I will probably have to wait a few more years until I can apply for adjustment of status. My son, who is a beneficiary, will be turning 21 this year. When my priority date becomes current a few years later, will he still be able to get his green card under my petition even though he will be over 21?

Asked on June 26, 2012 under Immigration Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your son will not be able to get his green card based upon your I-140 and your application states because he is no longer a minor as defined by the laws of all states in this country when your priority date becomes current in several years. In fact, age 18 is deemed an adult in this country.

I suggest that you consult with an immigration attorney to get your son in a position for legal residency in the United States once he becomes 18 years of age.


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