My Child Is Turning 21: What Parents Must Know About Aging Out in Immigration (2026 Guide)

Aging Out Immigration: What Happens When Your Child Turns 21

When your child turns 21 years old, it often marks a major turning point in their U.S. immigration status. Many parents and young adults find this confusing especially when they’ve lived in the U.S. for years under a dependent visa or immigrant petition. In this blog, we’ll explain what happens, what aging out means, and how to protect your child’s immigration status.

What Does “Aging Out” Mean?

Under U.S. immigration law, someone is considered a child if they are unmarried and under 21 years of age when a visa petition is filed or approved. Once they reach 21, they can “age out,” meaning they may no longer qualify as your dependent under many visa categories. This can impact:

• Derivative visas (e.g., H-4, L-2 dependents)

• Family-based immigrant petitions

• Employment-based immigration where the parent is the principal applicant

Without special protection, once they age out, they can no longer be included automatically under a parent’s immigration petition, and a new petition may be required. 

The Child Status Protection Act (CSPA)

Fortunately, the Child Status Protection Act (CSPA) exists to soften this harsh cutoff. Under the CSPA:

• Your child’s age may be “frozen”: meaning USCIS effectively subtracts the time your petition was pending to calculate an “adjusted age.” 

• If the CSPA adjusted age is under 21, they can still be considered a child for immigration purposes, even after their 21st birthday. 

This protection can apply to many family-based and employment-based immigrant visa petitions but the rules are technical and must be applied carefully with legal help.

Key Scenarios to Know

If USCIS Received the I-130 Petition Before 21: If your I-130 (family petition) was filed before your child turned 21, CSPA may protect their status as a child and allow them to immigrate with the same priority date. 

If Your Child Ages Out Before Visa Availability: Even if they turn 21 during visa processing, CSPA may still give them an adjusted age to maintain eligibility but they must still apply and seek permanent residence within one year after a visa becomes available. 

If Under a Derivative Nonimmigrant Visa (H-4, L-2): When a dependent turns 21 on a temporary visa, they lose derivative status and must seek a different path (e.g., student visa F-1 or independent employment-based visa). 

What Happens If They Lose Status

Without CSPA protection, your child may: 

• Require a new immigrant petition filed on their behalf

• Fall into a different visa category with much longer wait times

• Be required to leave the U.S. if they no longer have valid status

What Options Are Available?

Parents and children facing aging-out issues may consider:

• CSPA protection: calculating adjusted age

• Naturalization of the parent before the child’s 21st birthday which can convert the petition to immediate relative status and stop aging out 

• Alternative visas like student visas (F-1) or employment-based visas (if eligible).

• Consulting an immigration attorney early especially if the priority date is close

Patricia Elizee is the managing partner of the Elizee Law Firm, an immigration law firm located at 1110 Brickell Avenue, Suite 315, Miami, Florida 33131. The firm was founded in 2012 and is known for its compassionate, results-driven approach to immigration law. Ms. Elizee earned her Juris Doctorate from the University of Miami School of Law and her Master of Laws from the University of Washington School of Law