US citizens

Let's say you are a US citizen applying for a child under 21 on or after August 6, 2002. Then, their age freezes as of the date that the application is filed. Your child will be considered an “immediate relative.” This is true even if they are 21 or over when the I-130 is filed. However, your child must remain unmarried in order to qualify. You may become a US citizen through naturalization after filing a petition for a child under 21 on or after August 6, 2002. Then your child’s age will be considered frozen as of the date you became a US citizen.

Lawful Permanent Residents (LPR)

Suppose you are a lawful permanent resident who does not naturalize. Then, you subtract the time the petition was pending with the United States Citizenship and Immigration Services (USCIS) from the child’s age when the visa petition filed is approved. This is only if the visa petition was filed on or after August 6, 2002. The time it takes USCIS to process the appeal is not counted against the child. Your child may age out if a visa does not become available before they turn 21. This includes the time it took USCIS to approve the visa petition.