Thousands of parents petitioning children who are reaching the legal age of adulthood despair because of the major delays. However, for the children of residents and of immigrants who are currently seeking their legality through a job offer, the delay of the approval could be a blessing. In some cases, the more the approval from Immigration is delayed, the more protection the child has.

This is a benefit provided by the Child Protection Act, which defines the age of the child of a citizen, resident and immigrant who is obtaining legality through a job offer or though political asylum.

The children of citizens maintain the age they had when they submitted their application for residence and can obtain legalization immediately, even if they submit the application only one day before reaching the age of 21.

For the child of a resident to qualify as a minor after reaching 21 years of age, two main factors are considered. Firstly, the child’s age at the time when the State Department declared that the category was available; secondly, from that exact age (years and months of the child’s age) we must deduct the time elapsed between the time when the case was submitted and when it was approved by immigration.

For the children of immigrants who are seeking residence through a job offer, the age of the child is determined by the date when the State Department issued the availability of residences in the category within which one of the parents is seeking legality and the time Immigration takes to approve the petition known as I-140.

In my free conference this Friday at 1 pm I will explain more about this issue and also the most important things you should know in order to take control of your immigration case

Always understand that there is much to consider before forming a legal strategy.