Q: Can we seek exception for my special needs and non verbal son to remain on H4 dependent visa when he turns 21yrs?
I’m on h1b visa. My EB3 green card priority date was in January 2020 and it may not become current by the time my son turns 21.
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A:
When your son turns 21, he is generally considered to have "aged out" of H4 dependent status. However, in some cases, there may be potential options to explore for keeping him on an H4 or another visa category. One possibility could involve arguing that he is unable to care for himself due to his special needs, but this is not a guaranteed solution and would require significant evidence and legal consultation.
Another option could be to seek a change of status for your son to a different visa category that allows for dependents with special needs. Sometimes, families have had success with a B-2 visa for dependents who require care, but this involves its own set of complexities and challenges.
It would be best to consult with an immigration attorney experienced in cases involving children with special needs. They can guide you on how to present your son's situation, explore any humanitarian exceptions that may apply, and help prepare a robust case for his continued stay in the U.S.
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