Senate Unanimously Approves Feinstein Legislation to Protect Immigrant Children From 'Aging Out'
of Visa Eligibility
June 14, 2002

Washington, DC - The U.S. Senate last night unanimously approved legislation sponsored by Senator Dianne Feinstein (D-Calif.) to prevent children from losing their eligibility for immigration benefits -- which they applied for while still a minor -- simply because they reach the age of 21 and 'age out' of the requirements.

"This modest but important measure will help many children of U.S. citizens, immigrants, refugees and asylum seekers who have become trapped in INS processing and adjudication backlogs," Senator Feinstein said. "The INS backlogs have carried a heavy price: children who are the beneficiaries of these petitions and applications are 'aging out' of eligibility for their visas, even though they were fully eligible at the time their applications were filed."

Last year, Senator Feinstein introduced the "Child Status Protection Act" in the Senate, which provided age-out protection to children of U.S. citizens, lawful permanent residents, refugees and asylum seekers. The House version of this legislation was introduced by House Judiciary Subcommittee on Immigration and Claims Chairman George Gekas and protected only children of U.S. citizens. The House of Representatives passed that measure on June 6, 2001, by a vote of 411-0. The legislation approved today reflects an agreement between Chairman Gekas and Senator Feinstein and harmonizes the two bills.

"I am pleased that the Senate approved this legislation, and I hope that the House will approve the bill on the suspension calendar next week." Senator Feinstein said.

Specifically, the legislation affords age-out protection to:

  • Children of United States citizens who were unmarried and under the age of 21 at the time of application for an immediate relative visas, so long as they remain unmarried;
  • Unmarried children of family-preference, business-preference, and diversity lawful permanent residents who were under the age of 21 at the time their parents petitioned for an immigrant visa; and

  • Unmarried children of refugees and asylum seekers who were under the age of 21 at the time their parents submitted their application for refugee and asylum status.

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