If you are a US citizen who applied for a child that is under 21 on or after August 6, 2002, their age will be considered frozen as of the date that the petition is approved. Your child will still be considered an “immediate relative” even if they are 21 or over when the I-130 is approved. If you became a US citizen through naturalization after filing a petition for a child under 21 on or after August 6, 2002, then your child’s age will be considered frozen as of the date that you became a US citizen.
Lawful Permanent Residents (LPR)
If you are a lawful permanent resident who does not naturalize, you subtract the time the petition was pending with United States Citizenship and Immigration Services (USCIS) from the child’s age at the time the visa petition filed on or after August 6, 2002 is approved. The time that it takes USCIS to process the petition is not counted against the child. Your child may age out if a visa does not become available before they turn 21, including the time it took USCIS to approve the visa petition.