Can a 21-Year-Old Child Be Included in a Family Visa Application?

Question from Elizabeth, Can a 21-Year-Old Child Be Included in a Family Visa Application?

Answer from AI:

When applying for a family visa to bring relatives to the United States, the age of the children involved can significantly impact the process. In your case, your sister’s son being over 21 years old presents a unique challenge. Here’s a general explanation of the situation and potential steps you can take.

Understanding the Age Limitations

Under U.S. immigration law, children are generally defined as unmarried individuals under the age of 21. This definition is crucial for family-based visa applications, as it determines eligibility for certain visa categories.

Child Status Protection Act (CSPA)

The Child Status Protection Act (CSPA) was enacted to help children who age out (turn 21) during the immigration process. The CSPA can sometimes “freeze” the age of the child at a certain point in the process, allowing them to still qualify as a child under immigration law.

However, the CSPA does not apply in all situations. It primarily benefits children of U.S. citizens and certain categories of children of lawful permanent residents. The specific application of the CSPA can be complex and may require legal interpretation.

Options for Your Sister’s Son

Given that your sister’s son is over 21, here are some potential options to consider:

1. Separate Visa Petition: Your sister or another qualifying relative may need to file a separate visa petition for her son. This process can be lengthy, as it often involves waiting for a visa number to become available.
2. Filing as an Adult Child: If your sister becomes a U.S. citizen, she can file a petition for her adult son. The wait time for this category can vary significantly based on the country of origin and other factors.
3. Humanitarian Parole: In some cases, individuals can apply for humanitarian parole, which allows them to enter the U.S. temporarily for urgent humanitarian reasons. This is generally a temporary solution and not a pathway to permanent residency.

Consulting with a Legal Professional

Given the complexity of immigration law and the specific circumstances of your case, it is highly recommended to consult with an immigration attorney. An attorney can provide personalized advice and help navigate the various options available.

Resources and Further Reading

For more detailed information, you can refer to the following resources:

• USCIS: Child Status Protection Act (CSPA)
• U.S. Department of State: Family Immigration

Remember, immigration laws and policies can change, and each case is unique. Consulting with a legal professional will ensure that you receive the most accurate and up-to-date advice tailored to your situation.