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.
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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