My Daughter with EAD reaching 21

[CHEEKATIMK]

My Daughter having  EAD ( Based on my immigration status)  and reaching 21 next year.  what is going to be her status once reach 21 ?  Can she continue having the same status as dependent and EAD while studying to adjustment status completed   or need to move to Student Visa ?

Please advise. 

 

Thank you

CHEEKATIMK 

[pontevecchio]

Discuss "CSPA" with a lawyer and go on from there. Otherwise she will need to change status to F1.

[newacct]

On 9/14/2018 at 11:57 AM, CHEEKATIMK said:

My Daughter having  EAD ( Based on my immigration status)  and reaching 21 next year.  what is going to be her status once reach 21 ?  Can she continue having the same status as dependent and EAD while studying to adjustment status completed   or need to move to Student Visa ?

Please advise. 

 

Thank you

CHEEKATIMK 

Dependent nonimmigrant status for a child of the principal nonimmigrant (e.g. F2/H4/L2/O3/J2/etc.) will end immediately when the child turns 21.

However, the child can stay in the US as long as their Adjustment of Status (I-485) is pending regardless of whether they are in status or not. If the child is immigrating as a derivative beneficiary, the child will "age out" at some point after age 21. When exactly the child will age out depends on the CSPA calculation. The amount of time the petition was pending (the petition is the I-140 or I-130; the amount of time it was pending is the amount of time from when it was filed to when it was approved) is subtracted from the child's age. So for example, if the petition was pending for 6 months, the child ages out at age 21.5; if the petition was pending for 2 years, the child ages out at age 23. If a visa number becomes available for your category and priority date before the child ages out, the child can still immigrate as your derivative beneficiary.

If the EAD is based on the child's nonimmigrant status (e.g. a J2 EAD), it will also become void when the child loses the status when they turn 21. If the EAD is based on the child's pending Adjustment of Status (I-485), it will remain valid as long as the child's Adjustment of Status remains valid.

[pontevecchio]

Once the child is 21, unless CSPA rules otherwise she will have to change status to F1. The AOS is no longer valid. It would be imprudent to make sweeping statements which are not true.

She would then be subject to the F2B dates which are about 7 years as of now.