What is the object of the law?
Children under 21 years of age may be entitled to immigrations benefits that individuals over 21 years of age are not entitled to. In some circumstances, children “age out” of benefits (turn 21) while a petition is pending. The Act is designed to prevent the “aging out” of those benefits. For example, children can immigrate with their parents until they are 21 years old. Also, if a child’s parent(s) are U.S. citizens, the child is considered an “immediate relative” and may obtain a green card without any numerical limitations. However, once the child reaches 21 years of age, the child no longer qualifies as an “immediate relative,” and must wait years for a green card hold. The law seeks to prevent the unnecessary separation of parents and children due to aging-out.
