Child Status Protection Act
February 15, 2023
USCIS has issued guidance in the USCIS Policy Manual. The update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act. For a child to obtain lawful permanent resident status in the U.S. based on their parent’s approved petition for a family-sponsored or employment-based visa, the child generally must be under the age of 21. If the child turns 21 and “ages out” during the immigration process, the child is normally no longer eligible to immigrate with the parent based on the parent’s petition.
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