July 26, 2002 - The United States is closer to resolving the immigration problem of "age outs" -- when children lose their eligibility for certain immigration benefits when they turn 21 during lengthy INS processing periods. As reported by the American Immigration Lawyers Association (AILA), the Senate and the House have approved legislation to solve this problem and President Bush is expected to sign it into law shortly.

The legislation, known as the "Child Status Protection Act" changes the eligibility date of a minor child to the date of filing, rather than the date of adjudication, for most immigration petitions involving the minor children of U.S. citizens, lawful permanent residents, applicants for adjustment of status and immigrant visas, and asylees/refugees. This new legislation will especially help applicants for adjustment of status with children who are nearing 21 years of age when the application is filed, and who might turn 21 during the long INS adjudication time. This legislation locks in the child's eligibility based on his/her age at the time of filing. Changing the eligibility date to the date of filing will prevent the "age out" phenomenon from occurring. A more detailed analysis on the issues can be found in the May 29, 2002 news posting at usabal.com. Berry, Appleman & Leiden closely monitors its cases for possible "age out" situations and will advise impacted clients when the legislation becomes law.