WASHINGTON—U.S. Citizenship and Immigration Services has provided updated guidance in the USCIS Policy Manual regarding the determination of when an immigrant visa number "becomes available" for the purpose of calculating a noncitizen’s age in specific situations under the Child Status Protection Act (CSPA).
To acquire lawful permanent resident status in the United States based on a parent’s approved petition for a family-sponsored or employment-based visa, a child typically must be under the age of 21. If a child turns 21 during the immigration process, they may "age out," rendering them ineligible to immigrate with the parent based on the parent’s petition.