21 Years crossed in EAD

[hsvasan]

Hi..

My daughter is nearing the age of 21. She is having EAD right now. So, can she continue in EAD and continue her studies or after reaching the age of 21, she has to go back to home country and change to F1.

Please advice.

[Attorney_19]

If the derivative child properly filed the I-485 application to adjust status before s/he turned 21 years of age, then the I-485 application can remain pending even after the child turns 21 years of age or older. By "properly filed", it means that the visa numbers were available (i.e. the priority date was current) at the time of filing and the child met all eligibility requirements for filing the I-485 application.

[Attorney_19]

Please note that a derivative child no longer meets the definition of "child' if s/he marries. Even if s/he is under age 21, the child must remain unmarried if s/he is to get a green card approved as a derivative child of a principal applicant.