1. The "Age Out" Arises When Children Applicants Attained the Age of 21 

The "age out" arises in some situations where children applicants apply for adjustment of status, consular processing, or naturalization. In many instances, alien children are eligible for immigration benefits if they are the children of U.S. citizen or permanent resident, or the children of a beneficiary to an immigrant petition. Under the immigration laws, a child is defined as an unmarried person under the age of 21. 

In these situations, if children applicants or beneficiaries reach the age of 21 and the applications for adjustment of status or applications for immigration visa are still pending, they lose their eligibility for a Green Card which they would have had, had they not yet attained the age of 21. 

Thus, children who turn 21 years old before their applications for adjustment of status or applications for immigration visa are decided are "age out", and as a result, they may not enjoy immigration benefits they originally petitioned for while they were still minors. 

2. For Most Nonimmigrant Statuses, the End Point for Children is 21 

Children are generally eligible for a derivative status until 21years of age. For example, a child with parents on H-1 status may remain in H-4 status until age 21. For these individuals, 21 is a more significant age than 18. For most nonimmigrant statuses, the end point for children is 21. 

At that time, if the child wishes to remain in the U.S., she or he must secure and maintain his or her own status. This matter should be addressed well in advance of the 21st birthday, in order to plan ahead and take any needed action.

3. The CSPA Holds Much Promise for Those Beneficiaries Who Reach the Age of 21 

The Child Status Protection Act (CSPA) addresses and partially remedies the problem known as "age out." Age-out is a situation in immigration law that occurs when a child turns 21 prior to the approval of his or her immigration case, making the child ineligible to obtain the Green Card with the rest of the family. Age-out can also occur when a child is the direct beneficiary of a family-based case, in a category requiring him/her to be under 21 in order to qualify. 

The CSPA seeks to remedy this problem by changing the manner and time at which the child's age is determined and exactly when she or he ceases to be eligible for inclusion in the parents' case. The Child Status Protection Act became law on August 6, 2002. The CSPA holds much promise for those beneficiaries who reach the age of 21 before they are able to obtain the Green Card. Without the CSPA, a child is no longer eligible as a derivative beneficiary of a parent's case after reaching age 21. 

Unmarried children are eligible for dependent benefits, including Green Cards, until they turn 21 years old. However, the CSPA locks in an age for dependent children. That is, the child is treated as being under age 21 for purposes of immigration benefits in certain circumstances, even though she or he is chronologically over 21 years. If the locked age is less than 21 for an unmarried child, that child is still permitted to obtain the Green Card as a dependent.