A Olusanjo Omoniyi
Immigration AttorneyThere are two options to your situation. First, you may withdraw your petition, then re-file it and designate you daughter as the primary petitioner with both parents as the dependents. Secondly, if you decide to keep the current petition, your daughter may still be protected under the Child Status Protection Act (CSPA), a law that protects certain children from aging out. Your child will not age out even if she is over 21 when the petition is approved. However, the law requires that you must file for the immigrant benefit for the child within two years after the approval of the underlying petition (i.e., I-526) in which the child was designated as a dependent. Thus, in this instance, your daughter may surpass 21 at the point of approval of the I-526, but within two years of approval of the I-526, you must file I-485 for adjustment of status for you daughter. Advisably, consult your attorney or other immigration to explore your options.