Country / Territory
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
By: Isha Atassi
Being in the United States on a visa with older children can sometimes feel like a race against the clock to ensure they do not “age out” before securing a pathway to remain in the country long-term. Once a child turns 21, they are no longer considered a dependent under U.S. immigration law and cannot remain in the U.S. on a dependent visa, such as an H-4, L-2, TD, F-2, or similar.
But what if you have a special needs child who will always be functionally dependent on you irrespective of their age? As the mother of a special needs, fully dependent teenager and an immigration attorney, Partner Isha Atassi empathizes with foreign nationals who are faced with this issue. She understands how difficult it can be to navigate the complexity of special needs children transitioning to “adulthood” while also worrying about their ability to remain in the U.S.
For fellow parents of special needs children who are in the U.S. on a visa, planning ahead is recommended, and you are encouraged to take proactive steps to ensure your and your family’s permanent residency if you wish to remain in the country.
To get started, consider these three tips:
- If you are on a work visa, speak to your employer and explain your special considerations. While employers may have green card guidelines that specify when they will consider you for sponsorship, they may make an exception given your unique situation.
- Take your green card timeline into your own hands. There are several options available for self-sponsorship that do not require your employer’s involvement. For example, depending on your credentials, you may be eligible to apply for a National Interest Waiver (NIW) or Extraordinary Ability (EB-1) green card – both of which do not require employer sponsorship. Fragomen offers assessments to determine if cases are viable, how they can be strengthened or how to consider alternative options.
- Factor in the timeline to receive your green card and your child’s current age. For many foreign nationals born in India or China, for example, even if you start your green card process early, your child may be at risk of “aging out” due to backlogs in the more traditional EB-2 and EB-3 green card categories. You may need to explore alternative categories with significantly faster timelines, such as the EB-5 investor program. Choosing the right EB-5 project to invest in is the key to ensuring an accelerated processing time, irrespective of your country of birth. Industry professionals will be able to guide you through the best options for you and your family.
Need to know more?
It is critical to start the green card process early and be strategic about your options to ensure your child is in the best position possible to achieve success. For more information, please contact Partner Isha Atassi at [email protected].
This blog was published on February 23, 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, X, Facebook and Instagram.
Country / Territory
Related contacts
Related offices
Related contacts
Related offices
Related contacts
Related offices
Explore more at Fragomen
Media mentions
In an interview, Partner David Grunblatt shares his thoughts on the challenges impacting the future of immigration law.
Video
Partner Charles Johanes discusses key tips on managing workforce ratios and other localisation requirements across the APAC region.
Blog post
Associate Anastasija Vasiljeva discusses the digitalisation of the UK immigration system, how these changes are designed to enhance efficiency and security and how student sponsors and visa nationals must stay informed and compliant.
Video
Senior Immigration Consultant Elisabeth Kamm discusses changes to the Schengen Area that travelers should be aware of and how they can ensure they are prepared to meet immigration requirements.
Blog post
Senior Manager Deirdre Murray discusses the possibility of the Irish Government granting the spouses and partners of Intra-Company Transfer employment permits an automatic right to work in Ireland.
Media mentions
El director Miguel Jiménez analiza el programa de viajes de negocios a corto plazo de México con GBTA en la Conferencia LATAM 2024 en Ciudad de México.
Media mentions
Director Claire Cumiskey joins the Breakfast Business podcast to discuss Ireland’s Employment Permits Bill.
Blog post
Senior Associate Evan Tutton and Immigration Supervisor Sanjay Parmar discuss how organisations in the UK employing Student visa holders must ensure immigration compliance, and what steps Student visa holders should take.
Blog post
This blog covers the UK Government's evaluation of the Graduate visa route's effectiveness, its potential for abuse and the impact on the country's higher education system and economy, as well as the impending review by the MAC.
Media mentions
Partner Dan Brown co-authored a whitepaper on how the U.S is better situated to face workforce challenges because of immigration.
Media mentions
Partnering with Talent Beyond Boundaries, Fragomen continues to support displaced people in their host societies.
Media mentions
Senior Manager Kelly Hardman discusses Scotland’s hospitality sector following the UK government’s increase to the salary threshold for Skilled Worker visas.
Media mentions
In an interview, Partner David Grunblatt shares his thoughts on the challenges impacting the future of immigration law.
Video
Partner Charles Johanes discusses key tips on managing workforce ratios and other localisation requirements across the APAC region.
Blog post
Associate Anastasija Vasiljeva discusses the digitalisation of the UK immigration system, how these changes are designed to enhance efficiency and security and how student sponsors and visa nationals must stay informed and compliant.
Video
Senior Immigration Consultant Elisabeth Kamm discusses changes to the Schengen Area that travelers should be aware of and how they can ensure they are prepared to meet immigration requirements.
Blog post
Senior Manager Deirdre Murray discusses the possibility of the Irish Government granting the spouses and partners of Intra-Company Transfer employment permits an automatic right to work in Ireland.
Media mentions
El director Miguel Jiménez analiza el programa de viajes de negocios a corto plazo de México con GBTA en la Conferencia LATAM 2024 en Ciudad de México.
Media mentions
Director Claire Cumiskey joins the Breakfast Business podcast to discuss Ireland’s Employment Permits Bill.
Blog post
Senior Associate Evan Tutton and Immigration Supervisor Sanjay Parmar discuss how organisations in the UK employing Student visa holders must ensure immigration compliance, and what steps Student visa holders should take.
Blog post
This blog covers the UK Government's evaluation of the Graduate visa route's effectiveness, its potential for abuse and the impact on the country's higher education system and economy, as well as the impending review by the MAC.
Media mentions
Partner Dan Brown co-authored a whitepaper on how the U.S is better situated to face workforce challenges because of immigration.
Media mentions
Partnering with Talent Beyond Boundaries, Fragomen continues to support displaced people in their host societies.
Media mentions
Senior Manager Kelly Hardman discusses Scotland’s hospitality sector following the UK government’s increase to the salary threshold for Skilled Worker visas.