
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
This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Media mentions
Partner Rachel Beardsley highlights how employment-based immigration supports the US agricultural sector amid labor shortages and evolving policies.

Media mentions
Partner Abeer Al Husseini shares how employers can support mobile talent through travel readiness, immigration awareness and a people-focused approach.

Blog post
Associate Whitney Luman discusses the EB-1C Green Card for multinational managers and executives, exploring non-traditional pathways to permanent residency.

Video
Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Blog post
Practice Leader Kate Praphakornphiphat, Senior Manager Amy Zhang, Immigration Program Manager Melissa Ngeow and Senior Knowledge Management Specialist Faye Amorado discuss the increasing popularity of highly skilled visas and digital nomad visas in the Asia-Pacific region.

Fragomen news
Partner Cosmina Morariu contributed to Canada’s Semiconductor Council 2025 Talent & Workforce Development report, highlighting immigration’s role in closing talent gaps.

Awards
Fragomen was honored with the Community Service Award at the Woori Center 2025 Gala on June 21, 2025 in Philadelphia.

Media mentions
Manager Andreia Florina Ghimis explains how HR teams can prepare for the EU’s new ETIAS travel authorisation system by communicating changes, supporting employees and ensuring compliance.

Blog post
Partner Parisa Karaahmet and Associate Mehmet Esat Acar discuss how not being selected in the H-1B lottery is not the end of the road, as other visa options may be available.

Media mentions
Partner Aaron Blumberg explains how visa delays and evolving rules are creating new challenges for international college athletes in the US.

Media mentions
Partner Marius Tollenaere discussed how a digital “Super-Agency” could streamline Germany’s skilled migration.

Blog post
This blog highlights the most significant immigration developments shaping Canada and Latin America in 2025. Drawing from Fragomen’s upcoming 2025 Regional Immigration Overviews—available mid-July—it provides actionable insights and strategic guidance to help businesses and individuals navigate the region’s dynamic immigration landscape.

Media mentions
Partner Rachel Beardsley highlights how employment-based immigration supports the US agricultural sector amid labor shortages and evolving policies.

Media mentions
Partner Abeer Al Husseini shares how employers can support mobile talent through travel readiness, immigration awareness and a people-focused approach.

Blog post
Associate Whitney Luman discusses the EB-1C Green Card for multinational managers and executives, exploring non-traditional pathways to permanent residency.

Video
Partner Jack Kim discusses one of many immigration pathways for staying in Canada post-graduation, the Post-Graduation Work Permit (PGWP).

Blog post
Practice Leader Kate Praphakornphiphat, Senior Manager Amy Zhang, Immigration Program Manager Melissa Ngeow and Senior Knowledge Management Specialist Faye Amorado discuss the increasing popularity of highly skilled visas and digital nomad visas in the Asia-Pacific region.

Fragomen news
Partner Cosmina Morariu contributed to Canada’s Semiconductor Council 2025 Talent & Workforce Development report, highlighting immigration’s role in closing talent gaps.

Awards
Fragomen was honored with the Community Service Award at the Woori Center 2025 Gala on June 21, 2025 in Philadelphia.

Media mentions
Manager Andreia Florina Ghimis explains how HR teams can prepare for the EU’s new ETIAS travel authorisation system by communicating changes, supporting employees and ensuring compliance.

Blog post
Partner Parisa Karaahmet and Associate Mehmet Esat Acar discuss how not being selected in the H-1B lottery is not the end of the road, as other visa options may be available.

Media mentions
Partner Aaron Blumberg explains how visa delays and evolving rules are creating new challenges for international college athletes in the US.

Media mentions
Partner Marius Tollenaere discussed how a digital “Super-Agency” could streamline Germany’s skilled migration.