
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
Awards
Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.
Awards
Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.
Media mentions
Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.
Fragomen news
Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.
Blog post
Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.
Awards
Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.
Media mentions
Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.
Media mentions
Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.
Media mentions
Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.
Media mentions
Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.
Blog post
Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.
Awards
Fragomen is recognized at the National Tier 1 level for Immigration Law in the 2026 edition of The Best Law Firms – United States, with 15 offices across the country also recognized for their excellence in immigration law.
Awards
Fragomen receives Altair Global’s 2025 Super Star Award for Humanitarian Commitment, honoring the firm’s leadership in advancing humanitarian mobility initiatives.
Media mentions
Partner Rick Lamanna discusses Canada’s 2025 federal budget and its significant shift in immigration policy including new limits on international student permits and temporary residents.
Fragomen news
Fragomen is cited in the UK House of Lords’ landmark report, “The Space Economy: Act Now or Lose Out,” published on 4 November by the UK Engagement with Space Committee.
Blog post
Manager Zaur Gasimov discusses Georgia’s new immigration and labour-migration reforms introducing mandatory work permits, stricter employer compliance requirements and increased penalties for non-compliance.
Awards
Senior Associate Agata Danuta Richardson is recognized with a prestigious Pro Bono Publico Award by the Casa Cornelia Law Center.
Media mentions
Frankfurt Managing Partner Dr. Axel Boysen highlights the growing skilled labor gap as Europe’s defense industry expands.
Media mentions
Senior Manager William Diaz outlines the US visa options available to the games industry for bringing international talent to the United States, including O-1, L-1 and E-2.
Media mentions
Partner Jo Antoons and Manager Andreia Ghimis explain how businesses can navigate Europe’s new ETIAS pre-travel authorisation and avoid disruptions.
Media mentions
Partner Louise Haycock and Associate Jennifer Gray analyse the barriers and opportunities for overseas creatives navigating the UK’s immigration system.
Blog post
Associate Chloe Evans outlines eligibility criteria for individuals seeking British citizenship based on ancestral ties.


