For unmarried children under 21 years old, the average processing time for permanent residence applications is 12 to 18 months. However, depending on the complexity of your case and the U.S. Citizenship and Immigration Services (USCIS) backlog, it can take even longer than that.
This can be an issue if your child is nearing 21 as there is a risk of them aging out of the immigration process. Fortunately, there are many ways to prevent that.
File your petition early
Under U.S. immigration law, a child is both under 21 and unmarried. If an applicant turns 21 before green card approval, they may age out, potentially facing longer waits or loss of eligibility.
The Child Status Protection Act (CSPA) helps some children retain their status by freezing their age at petition filing, which helps eligibility beyond their 21st birthday. However, this law only applies to certain children, such as immediate relatives and derivative refugees.
If you are trying to bring your child to the U.S., they will likely be eligible for CSPA protection because they are your immediate family. However, take note that this is not a guarantee in all immigration cases.
That said, it is incredibly important to file the petition as early as you can. Early filing means your child is locked in sooner for CSPA calculations, provides a buffer for unexpected delays and mitigates the risk of losing eligibility.
Monitor priority dates and visa availability
Priority dates determine when a visa becomes available and can help you understand your place in line. This knowledge is especially important for age-out prevention, as CSPA protection often depends on visa availability.
Being aware of your status also allows you to prepare and file for adjustment of status or consular processing at the right time.
Try expediting your request
The USCIS may expedite cases with specific circumstances, such as:
- Medical emergencies requiring immediate treatment in the U.S.
- Humanitarian concerns
- Prolonged separation of young children from their parents
- Time-sensitive academic admissions or scholarships
Expediting your case can potentially lead to a permanent residence status before your child turns 21.
Why you might need legal guidance
The immigration process is often long and complex. With all the factors you need to consider, seeking help from an immigration attorney may be best. They can guide you through the process, mitigate age-out risks and determine the best way to reunite your family.