When a family files for a family visa to immigrate to the United States, the courts will only include children that are under the age of 21. When a child turns 21, they "age out" of the visa. At this point, 21-year-olds must file separately for their own visa. Visa applicants may wait for years to receive clearance to enter the United States. During the wait, children get older.
Some children who have "aged out" of visas are protected under the Deferred Childhood Arrivals Act. Others did not meet the deadlines of the Deferred Childhood Arrivals Act. These children are hoping that the Supreme Court can help them to secure residency in the United States.
One immigrant child with the initials A.R. says that she was handcuffed and deported to her native country when authorities learned that she was illegal. The young woman says that she "aged out" of her parent's visa, leaving her to face charges while the rest of her family was innocent.
The U.S. Supreme Court is aware of this problem. They are working on a solution in the lawsuit Mayorkas v. Cuellar de Orsorio. The case arose when a Salvadoran mom was forced to leave her son behind in El Salvador. This is because he turned 21 during the 7 years that the mother waited for their family visa to come through. When the family immigrated without their son, this mom chose to sue the government. She wants to see "aged out" children justified and permitted to remain in the United States.
Presently, when children turn 21 they are no long under their parent's status. They must go through a new petition process to get a visa. They must file alone, without relying on their parents to assist them with the filing. The U.S. only gives out a set number of family green cards per year. This is why it can take years for the visas to be approved. Often the application process can take years. During these years teens can turn 21.
Some children are protected by the Child Status Protection Act of 2002. This helps kids who age out of their visa due to backlogs. The courts have approved this measure, but are not sure if the act applies to everyone. Sometimes, the court claims that this only applies to adults who had a parent apply for them. This means that the Child Status Protection Act of 2002 excludes children who had a grandparent, aunt, uncle, older sibling, or a parent's employer apply for their status.
The Child Status Protection Act of 2002 is not comprehensive. This is why the Supreme Court is revisiting this issue in a new lawsuit. Some children who "age out" of a plan can apply for their own, but they will lose their original spot in line. This means that they may be required to wait about 6 more years for their own visa to be approved.
Young adults that are facing this are hoping that the Supreme Court will act quickly. As the House of Representatives works through immigration legislation, more people are becoming familiar with immigration reform. As the population becomes more accepting of immigration, policies like this one may be passed. If you want assistance in an immigration legislation case, don't hesitate to call an attorney near you for assistance. This directory can help you to find a lawyer near you. If you need help with deportation, visas, permanent residency, green card applications, or more, hire a local immigration attorney.