By Purushottam Dhakal, LOS ANGELES:- The Trump administration’s new immigration restrictions have increased difficulties for children of foreign citizens who have turned 21 and are in the process of applying for a green card.
Children of foreign nationals applying for green cards or lawful permanent resident status will face new challenges under the new immigration ban.
Parents apply for green cards with their children under the age of 21. The new policy change will affect children who turn 21 when their parents apply for green cards.
USC’s policy change will mean that many children will lose the privilege of being involved in their parents’ green card visa applications because the children will be considered adults over the age of 21 for the purposes of the US immigration system.
Based on the final action date chart in the Department of State’s Visa Bulletin, the United States has revised its policy manual to clarify that visas are accessible for purposes of age calculation under the Child Status Protection Act (CSPA).
The updated guidance will apply to requests submitted on or after August 15, 2025. However, USCIS will use the CSPA age calculation guidelines implemented on February 14, 2023, to modify status applications pending at USC prior to August 15, 2025.
Generally, an unmarried child of a foreigner must be under 21 years of age to be granted lawful permanent resident status in the U.S. through their parent’s authorized application for a diversity, work, or family-sponsored visa.
According to the parents’ application, if children turn 21 and age out during the immigration process, they are generally not eligible to immigrate.
If the children are out of age, they must apply for a different visa. This policy amendment ensures that the Department of State and USCIS follow the final processing date chart in the Visa Bulletin to determine when visas are available for the purpose of calculating CSPA age.
The February 14, 2023 policy, as stated by USCIS, led to different treatment for foreign nationals who submitted applications for modification of status in the US and foreign nationals who sought an immigrant visa with the Department of State outside the US. While parents pursue their green card application, a child who has reached adulthood typically requires a new legal path, often an F-1, which often involves additional expenses, different travel rules, and divided family schedules.
The children must apply for a different visa if they age out. While the parents pursue their green card case, an aged-out child typically requires a new legal pathway, most frequently F-1, which frequently entails additional expenses, distinct travel regulations, and divided family schedules, as per Mastroianni III.