House Approves Feinstein Legislation to Protect Immigrant Children From 'Aging Out' of Visa Eligibility

House Approves Feinstein Legislation to Protect Immigrant Children From 'Aging Out' of Visa Eligibility
July 22, 2002

Washington, DC - The U.S. House of Representatives today unanimously approved legislation 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. The Senate passed companion legislation introduced by Senator Dianne Feinstein (D-Calif.) on June 14, 2002.

"This 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 that harmonized the two bills.

"I am pleased that the House approved this legislation, and I hope that the President will sign the bill into law soon." Senator Feinstein said.

Ensure that the child of a U.S. citizen who applies for an immigrant visa before turning 21 is treated as a child for purposes of processing the application.

Protect children of U.S. citizens from aging out if they have applied under a different category by virtue of being married, but have subsequently divorced prior to their 21^st birthdays.

Ensure that children of lawful permanent residents who begin the process of applying for a green card prior to the age of 21 are protected from changes in eligibility that may occur as a result of INS processing delays.

Ensure that an alien child coming with or following a parent who is filing for asylum is classified as a child and continues to be eligible for asylum even if the child turns 21 while the parent's application is pending.

Ensure that an alien who was under 21 years of age on the date on which his or her parent applied for refugee status is classified as a child for the pendency of that application, even if the child turns 21 while the parent's application is pending.

Clarify that certain immigration benefits (including deferred action, work authorization, and child status protection) currently available to child victims of domestic abuse by a legal permanent resident parent shall not be deemed to be overridden by the provisions of this Act.