Age-out case at I-485 pending

A child applicant or beneficiary, who is seeking adjustment of status or applying for immigration visa and who will turn 21 years of age within the next 20 months, usually must do the following to expedite their petitions:

1. Place a cover sheet on the application that states in bold lettering "Attn: AGE OUT (Date of Birthday)" by using a bright color marker. It will make immigration officers or consular officers aware that it is an "Age Out" case;
2. After filing, if the petitioners or beneficiaries have not heard from the INS six months prior to the child's 21st birthday, please contact the INS or U.S. overseas consulate again; and
3. If they have not received a notice for fingerprinting and adjustment appointment for the child, the petitioner or beneficiaries should contact the INS 60 days prior to the child's 21st birthday.
   
   

Example:
Our law offices represented an about-to-age-out derivative beneficiary in I-485 application for adjustment in February 2001. This young man's parents filed I-485 application for adjustment of status four years ago and have not received any response since then. This young man was born on February 14, 1980. On February 13, 2001, his parents retained us to inquire into the status of their application. Only one day later, the young man would reach 21 and age out. We finalized the paper work on the same day and faxed it to the INS Texas Service Center. The INS approved their application several hours later and they received their green cards.

A child of a U.S. citizen parent who will reach 18 years of age within 12 months of applying must follow the following steps:

1. Place a cover sheet on the N-600 application that states in bold lettering "Attn: AGE OUT (Date of Birth)" by using bright color maker; and
2. If the child has not yet received an appointment notice, he should contact the INS 60 days prior to the child's 18th birthday.