Age out status of dependents what to do?

suzanne4, RN · Apr 7, 2008

There is not one thing that he can do, he cannot put a stop to his increase in years of age. The chances of you being able to get a visa this year is slim to none.

He is going to need to wait until you are in the US and have gained citizenship after five years and then you can petition for him to come to the US.

But when he hits 21, there is not much that you can do. You are being petitioned under an employer-based petition and there is nothing to be done when the kids age out.

rn4ever? · Apr 7, 2008

i have watched an immigration show on tv that tackled "ageing out" when there is a petition. there is a law called the child status protection act and a mathematical formula to see if the person could benefit from it. imao28, you might want to see a reputable immigration lawyer regarding this.

there is not one thing that he can do, he cannot put a stop to his increase in years of age. the chances of you being able to get a visa this year is slim to none.
he is going to need to wait until you are in the us and have gained citizenship after five years and then you can petition for him to come to the us.
but when he hits 21, there is not much that you can do. you are being petitioned under an employer-based petition and there is nothing to be done when the kids age out.

suzanne4, RN · Apr 7, 2008

That is for the family-based petition by a parent. Not thru an employer, that is the catch with it. There are special rules in place when petitioned by a parent who is now in the US from the Philippines, but we are speaking of a different type of petition here, and that is not covered.

We have seen this over and over again with nurses that have children coming of the cut-off point and the nurse has to petition them once they are in the US and have citizenship.

Sorry, but a 21 year old child does not need protecting. It was put more in place for the older Filipinos here to have a family member to care for them later on. But when being petitioned by an employer, this is definitely not the case.

And I am very aware of what has been on the tv lately concerning this, also one can read the US State Dept website for information about it as well.

imao28 · Apr 8, 2008

Yes, I've heard about Child Status Protection Act. Here are some links http://www.visalaw.com/02jul4/12jul402.html.

http://www.hooyou.com/i140&i485/ageout.html

And here are some rules regarding employment based

"* Children of persons applying for employment-based and lottery-based green cards - For children of employment-based green card applicants and lottery-based applicants, the age of the child minus the adjudication time of the employment-based immigrant petition at the time a visa number becomes available for the parent is the age used for determining whether the child is eligible for the green card as an under 21 year old child. But to take advantage of this, the child actually must seek to acquire the green card within a year of the visa becoming available. "

What do you think is the best thing to do? Writing to NVC or to the consul at the embassy reminding about the law?

suzanne4, RN · Apr 8, 2008

Read what it states, the time that it takes for the visa to become available is calculated in to the age. The Embassy is very aware of this law, and there is no reason to write to them. Same goes for the NVC.

It is going to depend on when the visas become available. There is nothing that anyone can do at this point in time until there are visas that are available.

Again, have not seen too many children able to be covered under this after they have turned 21 and this is when there was no retrogression in place as well.

With things the way that they are, you are going to be sometime before you will get a visa. Alot can change during that time. There are only 10,000 green cards under the EB-3 category per year when there are visas, and then the dependents are included in that number, so it leaves about 2500 for the nurses, or others that are also included under the EB-3 category in different professions. So you are not going to see movement of any significant bearing for sometime. There are just many more applicants with family members than there are green cards.

suzanne4, RN · Apr 8, 2008

We have also seen rules and regulations change, anything that Bush signed into place can also be removed when the next president takes office.

I do not agree that all children over 21 still should be included with the green card petitioning of the parents when it is employer-driven. They are usually done with college and able to support themselves. Each child over 21 that is included is one less nurse that can come over as the quota is taken from the same pile, no extras are added in.

john83, BSN, RN · Apr 8, 2008

I hope somebody would answer my question. Since we are still in retrogression, I am worried that my son would age out the petition requirement. This is the situation, my son already 20 yrs and 4 mos. might be overage if the visa bulletin of my PD August 2006 would not be current within this year. I was also documentarily qualified last August, 2007. So what is the best thing to do so as he would not be age out status?

I don't know if this helps but I hope you'd take the time to check these links:

http://gurfinkel.com/immigration_updates/2007/feb18-2007.html

http://gurfinkel.com/immigration_updates/2006/aug20-2006.html

suzanne4, RN · Apr 8, 2008

Those links were for children of US citizens and does not apply in this case. That is what I have been stating all along.

john83, BSN, RN · Apr 8, 2008

Those links were for children of US citizens and does not apply in this case. That is what I have been stating all along.

Link #2 that I've given may have something for permanent residents.

However, it is still best to seek help from a refutable immigration attorney so that he or she could really look into your case.

john83, BSN, RN · Apr 8, 2008

Here is another link, hope this helps:

http://shusterman.com/hr1209-faq.html