Can an unmarried daughter over 21 years of age come with parents, who are immigrating to the U.S.?


As a general matter, children age out at age 21 and are no longer eligible as derivative beneficiaries. That is, they are no longer eligible to immigrate with the family as a dependent. However, under the Child Status Protection Act, children are sometimes treated as being under 21 for immigration benefits even if they are chronologically older than 21. This is determined by a formula that can extend the length of time that the child is considered to be a child. There is information about this on MurthyDotCom. We can review the details in a consultation, and if the child is getting close to 21 there are sometimes options that can make it more likely the age will be “frozen” under 21. Additionally, there is a case involving CSPA interpretation that has reached the Supreme Court. This has the potential to expand the benefits of the CSPA. (09.Dec.2013)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.