The U.S. Citizenship and Immigration Services ( USCIS) on February 14, 2023 updated the rules to calculate a noncitizen’s age under the Child Status Protection Act (CSPA) to when an immigrant visa number “becomes available” rather than when they turn 21.
For a child to obtain a permanent resident status in the United States on their parent’s approved petition for a family-sponsored or employment-based visa, they must be below the age of 21. Once they turn 21 they “age out” and are no longer eligible to immigrate based on the parent’s petition and have to file a new petition as an adult.
