Age-Out for Child Immigration Application

I had a previous petition and my children were much younger than they are now. Will they be able to come with me on my new petition when it's recaptured? 

It depends on what stage of the process they're at. If they're 21 or 20 now, even though they have a priority date that has already been established, then you can preserve it for purposes of the nurse, the children, unfortunately, would be considered aged out because once they turn 21.

They're no longer derivatives, immediate relatives. Well, they are immediate relatives, but they're not included in the process. So it depends on when the previous I-140 was already was filed, there's a formula. But most of the time, unless you're at the adjustment stage of the process, or at the where you've already completed the feebill at the consulate. Unfortunately, the aged-out child is independent of their parents case.

Okay, so it's very specific to that specific case. Yes. And it's a Child Status Protection Act, right. Is that what is under?

Yes, the Child Status Protection Act is the act that governs aged out situations. So that's, that's unfortunate. But basically, we have to take case by case separately, because every case is different. But in general, once they turn 21, they're not included in the process.

Okay, so definitely you need to speak to a lawyer about your case, so that they can look at your specifics and see if your children will be able to come through. Interesting enough. We actually had a case recently, where it was really kind of touching go of whether and this particular nurse would be able to have her kids come through with her. Her name was Gladys. And she went for her to a consulate interview. The officer told her that I think it was like two days, within two days that her child actually made it that they could come through with her and to the US and so that would be on her EB-3 green card petition. That's correct. Yeah, that was that was a wonderful success story.