New Age Rule for Children in US Green Card Process Puts Thousands at Risk of ‘Aging Out’

The United States Citizenship and Immigration Services (USCIS) is tightening the age determination rules for children in the green card application process, sparking widespread concern among families from Bangladesh, India, Pakistan, and H-1B visa holders. Starting August 15, a new rule will come into effect that could cause children to lose their “child status” if they turn 21 before their green card is approved, making them ineligible for a green card.

Previously, under the Biden administration in February 2023, USCIS used the more lenient “Dates for Filing” chart, which effectively “froze” the child’s age, extending the waiting period. However, from August 15 onwards, USCIS will switch to the “Final Action Dates” chart, which shortens the protection window and reduces the time children can maintain eligibility. This change could result in thousands of children “aging out” and losing their chance to obtain permanent residency.

USCIS explained that under the Immigration and Nationality Act, a child is defined as an unmarried person under the age of 21. If a person applies for lawful permanent residence as a child but turns 21 before approval, they are no longer considered a child for immigration purposes—a process commonly known as “aging out.”

Experts warn that this new rule will have a severe impact on Indian immigrant families, many of whom have been waiting for years to receive green cards. Children of H-1B visa holders, many of whom live and study in the U.S., will be particularly affected.

An immigration expert said the new rule leaves the future uncertain for many children and families. Many may lose their legal status and be forced to return to their home countries, severely disrupting their education and career prospects.

USCIS argues that the new policy aims to address the backlog caused by long waiting periods and to expedite the immigration process. However, immigrant rights advocates and organizations strongly criticize the policy, stating it will make life extremely difficult for many families.

The Child Status Protection Act (CSPA), enacted in 2002, was designed to protect children who turned 21 while their green card applications were pending due to long processing times. The Biden administration had expanded these protections, but the new rule reverses those changes.

Many immigrant families fear this rule will jeopardize their children’s ability to stay in the United States and could lead to family separations.

With the new rule going into effect, immigrant families face a significant challenge in protecting their status and determining their next steps against USCIS’s updated policy.