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When does a dependent age out?

By visaveteran1 in Russia, Ukraine and Belarus

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visaveteran1 Proficient

visaveteran1   33

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OK...just a little panicky about stepson's timing out. He has his immigration visa and will arrive in the US a few days before his 21st birthday. Is he, therefor, safe from timing out? OR...does he have to have his actual Green Card in hand before his birthday?

Help please. Thanks.

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HS2 Enthusiast

HS2   7

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OK...just a little panicky about stepson's timing out. He has his immigration visa and will arrive in the US a few days before his 21st birthday. Is he, therefor, safe from timing out? OR...does he have to have his actual Green Card in hand before his birthday?

Help please. Thanks.

I belive that the stamp that is issued on the passport at the port of entry counts as a temporary green card until you get the actual one in the mail.Residency strats on the day the stamp is issued.

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visaveteran1 Proficient

visaveteran1   33

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I belive that the stamp that is issued on the passport at the port of entry counts as a temporary green card until you get the actual one in the mail.Residency strats on the day the stamp is issued.

That's good to hear. Thanks!

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Inky Grand Master

Inky   1,110

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http://www.visajourney.com/forums/topic/322356-aging-out-question/

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Jojo92122 Experienced

Jojo92122   1,924

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OK...just a little panicky about stepson's timing out. He has his immigration visa and will arrive in the US a few days before his 21st birthday. Is he, therefor, safe from timing out? OR...does he have to have his actual Green Card in hand before his birthday?

Help please. Thanks.

What type of visa was he issued?

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fazmo Explorer

fazmo   24

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If he has his immigrant visa now, he should be good. It is even much better if he is entering the US before he turns 21. There is a law, called Child Protective Act (CPA) that Bush has signed protecting minors from aging out if their visa was approved before they reached 21. Therefore, as long as his I-130 is approved before he turned 21, he should not have any problem although sometimes the embassy must be alerted about the age out (USCIS usually does that).

His residence starts when the IV visa is endorsed by an immigration officer at point of entry. The endorsed visa will serve as temporary evidence of residency unless he gets his actual permanent resident card.

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Neonred Experienced

Neonred   3,562

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Not an issue with an immigration visa. My step daughter had her successful interview last week, and she just turned 23. Would be an issue if they arrived on a K-2 and had to adjust status, but in our cases there is no adjusting of status. They receive an automatic green card upon entry, initially in the form of the I-551 stamp in their passport.

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Ban Hammer Grand Master

Ban Hammer   13,340

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topic title edited to more accurately reflect the question. i don't think a 20+ year old should be in time out. :hehe:

Edited by charles!

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