If the son or daughter can not has his/her age frozen as an immediate relative, can he/she still qualify for a green card even after turning 21 years of age?
A. Here the calculation becomes a bit more complex. Again, let’s use an example to illustrate how the new law operates. The family consists of a husband, wife and their two daughters, aged 18 and 15. The father is a programmer/analyst. His employer submits an application for an alien labor certification on his behalf. When the application is approved, the employer submits a EB-3 visa petition on behalf of the father. The petition is approved six months later, three months after the eldest child turns 21 years of age. Under the old law, the 21-year-old has aged out. However, under the new law, his age is fixed as of the date that a visa number becomes available “reduced by” the number of days that the EB-3 visa petition was pending. Since the petition was pending for six months, these six months must be subtracted from the child’s age when a visa number became available (21 years and 3 months). Therefore, the daughter’s age is fixed at 20 years and 9 months. This means that she is still
A. Here the calculation becomes a bit more complex. Again, let’s use an example to illustrate how the new law operates. The family consists of a husband, wife and their two daughters, aged 18 and 15. The father is a programmer/analyst. His employer submits an application for an alien labor certification on his behalf. When the application is approved, the employer submits a EB-3 visa petition on behalf of the father. The petition is approved six months later, three months after the eldest child turns 21 years of age. Under the old law, the 21-year-old has aged out. However, under the new law, his age is fixed as of the date that a visa number becomes available “reduced by” the number of days that the EB-3 visa petition was pending. Since the petition was pending for six months, these six months must be subtracted from the child’s age when a visa number became available (21 years and 3 months). Therefore, the daughter’s age is fixed at 20 years and 9 months. This means that she is still
Related Questions
- If I qualify to petition at U.S. Embassy Ulaanbaatar, can I petition for an immediate relative immigrant visa for a third country national (non-Mongolian citizen)?
- If I qualify to petition at U.S. Embassy Paris, can I petition for an immediate relative immigrant visa for a third country national (non-French citizen)?
- Can my son or daughter play outside their designated age group?
