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The US government announced 16 May that valid V-2 and V-3 status holders will no longer "age out" of V-2 or V-3 status. US Citizenship and Immigration Services (USCIS) will now approve extension of status applications for children of lawful permanent residents who are 21 years old or older with V-2 or V-3 status, as long as they meet all the other requirements for extension of status.
Previously, the child of an immigrant was only eligible to hold V-2 or V-3 status in the US until s/he turned 21.
An alien who is physically present in the US, who was previously in V-2 or V-3 status, and whose application for extension of status was denied only because s/he was older than 21, may file an application for extension of status. Also, an alien who is physically present in the US who did not apply for an extension because he or she was 21, may now apply for extension of status.
If the extension is approved, USCIS will grant a period of admission for up to two years.
The alien can continue to extend V status until s/he becomes a permanent residence or until the law terminates V status.
The new guidance does not change the fact that in order to qualify for the initial V-2 or V-3 status, the applicant must meet the legal definition of "child" – this includes being unmarried and under 21.
