Are There Age Restrictions for Family-Based Immigration?
Family-based immigration is one of the most common ways for foreign nationals to enter the United States. Like other types of immigration, though, there are many restrictions on the process. While there are many specific age requirements, they depend on whether an application is classified as an ‘immediate relative’ or ‘family preference.’ The family relationship is also a factor to consider when determining age restrictions. In the United States, there are age restrictions for family-based immigration. Our family immigration lawyer in New York provides the necessary information and details for obtaining official citizenship.
Age Restrictions for American Sponsors
American citizens and lawful permanent residents who file a petition for their relative must meet specific age requirements to submit the petition, and meet the financial sponsorship aspect of the process. While there is no age restriction to file Form I-130, Petition for Alien Relative, sponsors must be at least 18 years old and reside in the United States to sign Form I-864, the Affidavit of Support.
Age Restrictions for Relatives Seeking to Immigrate
The age of the relative who wants to immigrate to the United States is a crucial factor in determining the appropriate visa category. The age restrictions for immediate relatives of American citizens are as follows:
- No age restrictions for spouses of American citizens.
- Unmarried children of American citizens must be under 21 years old.
- American citizens must be at least 21 years old to sponsor a parent.
Unlike immediate relatives, the number of visas available in the family preference category is limited. In addition to marital status, a person’s age can also significantly impact eligibility. The age restrictions associated with the family preference category are as follows:
- First preference: Unmarried adult children of American citizens must be 21 years of age or older.
- Second preference: Spouses and children of Lawful Permanent Residents and Unmarried adult children who are 21 years of age or older of lawful permanent residents are also in this category.
- Third preference: Married children, regardless of their age, of American citizens, fall into this category.
- Fourth preference: The U.S. citizen must be at least 21 years old to petition for their siblings. The Sibling immigrant has no age requirement.
The Child Status Protection Act
The Child Status Protection Act (CSPA) was enacted to prevent some children from ‘aging out’ and becoming ineligible if they turn 21 years of age while their petition is still pending. This can provide a formula for calculating a child’s age for immigration purposes, which allows some individuals older than 21 to be still classified as a child.
Our Immigration Lawyer in New York Can Advise On Eligibility
If a family member wants to enter the United States, our New York immigration lawyer can assist them. At Nunez Law, our experienced attorneys can review the facts of your case, determine your eligibility, and advise you on the category of visa you may qualify for. Call us now at 917-708-1072 or complete our online form to request a consultation and learn more about how we can assist with your case.