There is a false belief that the best time to apply is when you reach the age of majority. However, although it is an influential factor, it is necessary to take into account how the authorities classify age in immigration petitions. So today we will tell you how age can affect your immigration process.
At Urbina Immigration Law we know that the immigration system can be overwhelming and frustrating for any immigrant. That is why we are committed to providing quality legal assistance to those who need it. Don’t let hardship stop you from living your American dream. Tell us about your case and take the next step in your immigration process.
Table of Contents
When does one reach the age of majority for migration?
The age of majority for migration is reached at 21 years of age. However, depending on the type of petition you file, immigration law may consider a person under the age of 16 or 18 to be a child. In any case, the applicant must remain unmarried to maintain the status of a minor.
It is because of these kinds of ambiguities, which vary from case to case, that it is advisable to seek the advice of an immigration attorney. At Urbina Immigration Law, our professionals can analyze the requirements of the benefit you want and tell you if it applies or not. Tell us about your case and get the legal help you need.
Age in Green Card immigration petitions
The age of an applicant affects several types of green card applications green card applications such as visa lottery, asylum, corporate sponsorship, etc. In these cases, the beneficiary may include his or her spouse and unmarried children under 21 years of age in his or her application.
However, please note that the process varies depending on the category of green card applied for. Therefore, it is best to consult with an immigration attorney to advise you on the best legal option for your case. At Urbina Immigration Law we can help you. Talk to a lawyer and take the first step to secure your future.
Age in Green Card petitions for family members of citizens
The age in immigration petitions plays a fundamental role in the applications of green card by family petition. This affects U.S. citizens who wish to petition for their children. In this regard, there are three situations in which the age and marital status of the beneficiary is key:
- Unmarried children under the age of 21: They are considered immediate relatives and can acquire a green card in approximately 12-18 months.
- Unmarried children over 21 years of age: They belong to the F1 category and petitions take several years to be resolved.
- Married child of any age: They belong to the F3 category and petitions also take several years to be resolved. If a child turns 21 after the petition but before the green card is approved, he or she can still obtain a green card under the under-21 category.
- Adopted children of any age: The same conditions apply as for biological children. However, there is an additional requirement that the marriage between the citizen and the parent of the child for whom he/she wishes to apply for a green card must have taken place before the child reaches 18 years of age.
The requirements and processing times for a green card application vary depending on the category you are in. Therefore, it is best to consult with an immigration attorney to facilitate the process. At Urbina Immigration Law we can help you. Talk to an attorney and take the first step toward permanent status in the United States.
Age in K-2 Visa Petitions
Age in this class of immigration petitions is an important factor for citizens who wish to apply for a K-2 visa for the children of their K-1 visa-holding partners. In these cases, the children must be unmarried and under 21 years of age. Otherwise, they will not be eligible for this visa class.
Age on green card petitions for family members of residents
The age in Green Card immigration petitions also affects permanent residents who wish to petition for their unmarried children. In these cases, those under 21 fall into the F2A category, while those over 21 are considered F2B, affecting the processing time of the application.
Also, please note that eligible family members are not the same for residents and citizens. Therefore, it is best to seek the assistance of an immigration attorney to review your case and advise you on legal matters. At Urbina Immigration Law we can assist you. Tell us about your case and secure the future of your loved ones in the United States.
Age in immigration petitions for Juvenile Status (SIJS)
Age is also a key factor in requests for juvenile status. Remember that this is a program that provides legal status (and a possible path to a green card) to children under the age of 21 who have been abused or neglected. However, the age requirement is valid only at the time of application.
Therefore, it is essential to seek the assistance of an immigration attorney to ensure that you meet this and other requirements for obtaining Juvenile Status. At Urbina Immigration Law we are here for you. Talk to an attorney today and take the first step towards a better life in the United States.
Are there any exceptions to the immigration age of majority for Green Card petitions?
As mentioned above, the age of majority for immigration is 21 years of age. However, the Child Status Protection Act (CSPA) provides for certain exceptions to this rule.
This law allows certain applicants to with a green card petition initiated before the age of 21 and who reach that age during the process will be considered as children until its completion. Below we will look at the three exceptions to the age of majority rule for migration under the CSPA.
Exception for children of U.S. citizens
In the case of children of U.S. citizens, the age of the beneficiary is frozen on the date of filing Form I-130 with the USCIS. For example, if your son is 20 years and nine months old and his visa becomes available after his 22nd birthday, he is still considered under the age of 21.
However, it is best to consult with an immigration attorney to ensure the beneficiary’s eligibility before filing the application. Don’t risk the future of your loved ones by navigating the immigration system on your own. At Urbina Immigration Law we can help you. Tell us about your case and secure the future of your loved ones.
Exception for children of permanent residents
In the case of permanent residents, the age of their children is “frozen” if the parent becomes a naturalized citizen before the age of 21. This means that, in this case, the age considered for immigration petitions is the age on the date of the parent’s swearing-in as a U.S. citizen.
Generally this benefits the petitioner who may obtain the green card sooner, but this is not always the case. Therefore, it is best to consult with an immigration attorney who can advise you on the best way to continue the process. At Urbina Immigration Law we can help you. Contact us and get the legal help you need.
Refugees and asylum cases
Refugees and asylees may also apply for a green card for their unmarried children under the age of 21. However, in this case, the procedure is the same as for I-130 petitions. In other words, the applicant’s age is “frozen” at the time the Form I-589 or I-590 is filed with USCIS.
Therefore, it is important to consult with an immigration attorney who can advise you on the eligibility requirements for these types of proceedings. Don’t let the complexities of the system frustrate you. At Urbina Immigration Law we can help you. Tell us about your case and get the quality legal help you deserve.
At what age can a U.S. citizen apply for papers?
In the case of a U.S. citizen who wants to petition for his parents and/or siblings, he must be 21 years of age or older to apply for residency for his family members. However, if you are married, you may petition for your spouse.
Are there any cases in which a minor can act as if he/she were an adult?
While the laws of each state should be consulted, there are certain situations in which a minor may act as an adult. Some of these are:
– Judicial emancipation.
– Marriage.
– Enlistment in the military.
– Entering into certain types of contracts.
– Ability to sue in court through a representative.
– Capacity to decide on medical treatment.
However, we remind you that this varies according to the laws of each state. Therefore, it is best to consult with a professional attorney before taking any legal action.
What is Deferred Action for Juvenile Status?
Deferred Action for Juvenile Status is an immigration relief that provides temporary protection from deportation to certain individuals who are unable to adjust status due to a lack of available visas. However, it does not confer permanent legal status and is granted at the discretion of USCIS.
What is a State Juvenile Court Order?
A State Juvenile Court Order is a ruling issued by a juvenile court in the country. This court, governed by state law, decides on the custody, care and dependency of the child and confirms whether the child has suffered abuse or other maltreatment that prevents reunification with the parents.
Legal assistance for immigration petitions and Green Card
As we have seen, age in immigration petitions is a key factor affecting eligibility for both green card and other immigration processes. However, although the age of majority for migration is 21, this requirement changes depending on your specific situation.
Therefore, having the advice of an immigration attorney is extremely important to ensure your eligibility and to choose the best legal avenue available for your case. Don’t risk your future by dealing with the complexities of the immigration system on your own. At Urbina Immigration Law we can help you. Tell us your case and let’s fight together for your rights.
Sources
USCIS – Permanent Residency Processes and Procedures
USCIS – I-130, Petition for Alien Relative Petition
USCIS – Permanent Residency for Family-Based Immigrants
USCIS – Special Immigrant Juvenile Special Immigrants
USCIS – Child Status Protection Act
USCIS – Green Card based on SIJS
Other Resources
What is the difference between Green Card and citizenship?
How to obtain a Green Card in the United States – Updated Guide
What are the Green Card categories?
How to apply for American residency by family petition, step by step
Form I-130: Everything you need to know
A Complete Guide to SIJS or Juvenile Status in the United States
Juvenile Visa (SIJS) Approved: What’s next? Find out everything you need to know
