This post is part of a series about what to do while your Priority Date is retrogressed, once you have received your I-140 Approval Notice from USCIS. It applies to cases which will be processed through US Consulates, and not to Applications to Adjust Status filed in the US.

A child loses their right to receive a Green Card as your dependent on an employment based immigration petition once they reach the age of 21. However, there are certain provisions under a law called the Child Status Protection Act which expands the amount of time they have in order to complete the processing of their application. This is a fairly complicated analysis that involves adding time that your case was being processed by USCIS to the total time that they have in order to receive their Green Card.

You should speak with an attorney immediately if any of your children are approaching the age at which their case may be affected by retrogression. Not all cases can be resolved and unfortunately some children do miss out on this opportunity; however, it is certainly worth taking the time to investigate your options before your child actually turns 21.

Here is a link to a post we wrote recently about this topic. What Should I Do If I Had a Child While My Priority Date Was Retrogressed?