Lincolnshire, IL asked in Immigration Law for Illinois

Q: Are there exceptions to the rule that children of parents with a H1 visa would age out at age 21, if child is disabled?

The parents have H1 visas, the child has a H4 visa. The child is diagnosed with an intellectual disability.

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1 Lawyer Answer
Drew Elesh
Drew Elesh
  • Immigration Law Lawyer
  • Chicago, IL
  • Licensed in Illinois

A: The child can change from H-4 to another visa category. There are other nonimmigrant visas such

as F-1. The child could also pursue lawful permanent residency independent of the parents' H1-B.

Essentially the child will not keep the H-4 status upon his/her twenty first birthday as an age out so

the options include another visa category. It is best to consult an experienced and competent immigration attorney about the specific appropriate visa options. There may be several appropriate alternatives to the H-4.

The disability may offer an opportunity for a parole as well. That would depend on the nature and severity

of the disability and related treatment. You can call to schedule a consultation.

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