
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

Blog post
Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Media mentions
Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Blog post
Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Media mentions
Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Media mentions
Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Media mentions
Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Video
In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Media mentions
Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Media mentions
Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Awards
Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Media mentions
Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Video
#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.

Blog post
Director Wim Cocquyt and Senior Immigration Consultant Marina Ocariz discuss key takeaways from the 2025 ECJ decision on A1 certificate fraud.

Media mentions
Managing Partner for the Middle East and Africa Murtaza Ali Khan discusses the UAE’s AI talent shortage and how immigration policies are helping attract talent to the region.

Blog post
Senior Immigration Manager Géraldine Renaudière discusses France's tightening of the naturalization-by-decree process by enforcing stricter language, legal and financial requirements.

Media mentions
Partner Ángel Bello Cortés highlights Ireland’s respected work permit system and suggests a sector-specific permit to attract more non-EEA construction workers.

Media mentions
Practice Leader Kathleen O’Donnell highlights how proposed UK immigration reforms could impact businesses in Yorkshire.

Media mentions
Partner Charlotte Wills notes that while full-time, long-term remote work might become less common, many professionals continue to work from abroad through more structured, short-term arrangements.

Video
In this video, Immigration Consultant Laura Varon Osorio walks you through everything you need to know about staying in France after graduation. Whether you’re looking to work, start a business or transition to a new immigration status, this guide covers key immigration pathways for international students.

Media mentions
Partners Michelle Jacobson and Sarah Peterson discuss recent SEVIS terminations and visa revocations and explore what these developments may mean for international students and universities.

Media mentions
Senior Immigration Programme Manager Louise Collins, Senior Manager Sean Rhodes and Manager Andreia Ghimis explore the touring challenges UK orchestras face in Europe and discuss ways to ease mobility barriers.

Awards
Fragomen was recognized at the FACC Midwest Chicago Business Awards for "Best Business Development: US Company Expanding in France."

Media mentions
Practice Leader Kathleen O'Donnell, Manager Kirsty Moore and Immigration Paralegal Sean Pearce outline how the latest UK immigration white paper could affect engineering recruitment for employers in the North of England.

Video
#FragomenFC co-hosts Partner Rick Lamanna, Senior Manager Sergio Flores and Associate Jake Paul Minster are joined by Senior Associate Tuğba Özyakup—and an avid football fan—and Ismaïl Aissati—former professional footballer.