Getson & Schatz, P.C. Freezes the Age of a Child Under 21 pursuant to the Child Status Protection Act

A U.S. citizen from India had filed an I-130 Petition for the entry into the United States as a permanent resident of her married daughter over the age of 21.  Her daughter’s husband and children under 21 were derivative beneficiaries. After nearly a decade of waiting, their priority date finally became current.  However, in that one of the children was about to turn 21 years of age, the family hired our firm for legal assistance to ensure the child could still obtain a green card even after turning 21 years old.  Pursuant to the Child Status Protection Act of 2002, our lawyers filed Form DS-230 with the National Visa Center to “freeze” the child’s age and avoid “aging-out.” If she had “aged-out,” the child would have needed her parents to file a new I-130 petition on her behalf once they became permanent residents and she would have been the unmarried child over 21 of a permanent resident alien under Section 203(a)(2)(B) of the INA and faced a wait of many years before she would have been able to obtain a green card. We secured the “freeze” of her under-21 status, allowing her to enter the United States with her parents as a permanent resident.  In doing so, our lawyers helped prevent any further delays or familial separation.

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