Sponsoring a green card for a child has become easier: USCIS has changed the rules - ForumDaily
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Sponsoring a green card for a child has become easier: USCIS has changed the rules

Citizenship and Immigration Services (USCIS) has changed rules for calculating a child's age when considering parent-sponsored applications for a green card. The change assumes that if the child is 21 years old while the application is being considered, then he will still receive a green card. Previously, reaching the age of 21 automatically deprived the child of the right to receive a green card at the request of the parent, even if the application itself was submitted before the 21st birthday of the beneficiary.

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Parents with US citizenship or a green card can sponsor a green card for their child if they are under 21 years of age. But such applications are sometimes considered for years. And it often happens that while the application is being considered, the child turns 21 years old. Previously, in this case, the child automatically lost the right to a green card based on the application of his parent.

But now the Immigration Service will start from the age of the child at the time of application, and not at the time when the immigration authorities decide to grant him a green card.

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In the monthly visa bulletin, you can track the progress of the queue for family green cards. There are two tables there: the "Filing Dates" table and the "Final Effective Date" table. Under previous guidance, USCIS calculated children's ages based on the Final Action Dates table.

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Under the new guidance, USCIS will use the Application Dates table. Thus, the children of US citizens and permanent residents will not lose their right to a green card due to limits, queues and delays.

This USCIS policy change even applies to pending applications.

Moreover, those who were not given a green card due to having reached the age of 21 while waiting can file a petition to reopen their previously rejected application. To do this, you need to fill Form I-290B (appeal or petition). This form is best submitted within 30 days of the rejection. Applications submitted more than 30 days later will not be accepted by USCIS.

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