The US Department of State has issued an advisory to families pursuing immigration, warning that children risk losing their derivative eligibility to accompany their parents if they turn 21 prior to entering the United States. 

To qualify under a parent's immigration petition, a dependent child must remain unmarried, meet the criteria of the specific visa category, and be under the age of 21 upon official entry into the country. Families with older dependents are urged to monitor processing timelines closely, as reaching the age threshold can result in disqualification.

Impact and Exceptions

• Procedural Delays: Children who age out of eligibility typically require a separate, new petition, which can significantly extend the overall wait time for an immigrant visa.

• Expedited Processing: The National Visa Center may accelerate a case if a visa becomes available in the applicable category before the dependent turns 21. This measure is only feasible if visa availability precedes the birthday.

• The Child Status Protection Act (CSPA): While this legislation offers safeguards that can help certain individuals retain eligibility past the age of 21, protection is not guaranteed.

Consular officers evaluate CSPA applicability on a case-by-case basis during the parent's scheduled immigrant visa interview.