How your age can change your immigration options

This page explains how age changes your options. It is general information, not legal advice. For the details of SIJS, see What is SIJS and can my child qualify? and Can I still get SIJS if I am 18, 19 or 20?

Why does age matter so much?

Because many rules protect children, and the law defines "child" by age and marriage. For most immigration purposes, a child is unmarried and under 21. Some protections end earlier, at 18 or even 16. When a birthday passes, the protection can be gone for good.

That is hard news, but it also means something hopeful. Young people often have more options than adults, not fewer. The key is to look early, while the doors are open.

Marriage matters too. Many rules need the young person to be unmarried. Getting married can end a category, even before 21. Talk to a lawyer before you marry if a case is pending or planned.

What changes at 14?

• Registration. Federal law says noncitizens 14 and older who have been in the U.S. 30 days or more and are not registered must apply for registration and give fingerprints. Parents are responsible for registering children under 14. When a child turns 14, the child must register in their own right. Many people are already registered through papers they have, like a work permit or an I-94. Get advice before filing. See Do I have to register with the government?
• Green card fee. A child under 14 filing for a green card together with a parent pays a lower fee for the main application ($950 instead of $1,440).

What changes at 16?

DACA. To qualify for DACA, a person must have come to the U.S. before turning 16, and have lived here continuously since June 15, 2007. These dates are fixed. A young person who arrived after June 15, 2007 cannot qualify, whatever their age.

Right now, USCIS accepts first time DACA requests but does not process or approve them, because of a court order (USCIS DACA page, checked October 21, 2026). Renewals are still decided. See Is DACA still open?

What changes at 18?

Turning 18 is a big one.

• Unlawful presence starts to count. Time in the U.S. without status before your 18th birthday does not count toward the 3 and 10 year bars. After 18, it does. More than 180 days of unlawful presence, then leaving, can bar you for 3 years. One year or more can bar you for 10. This is why many young people are told never to leave the U.S. after 18 without legal advice.
• DACA renewals. If your DACA runs out before the renewal is approved, you build up unlawful presence unless you were under 18 when you filed the renewal. File on time.
• Selective Service. Men 18 through 25 living in the U.S., including undocumented men, must register. Not registering can cause problems later, including for citizenship. See Do I need to register for Selective Service?
• Becoming a citizen through a parent. A child can become a citizen automatically if, before turning 18, the child has a green card, lives in the U.S. in the legal and physical custody of a parent who is a citizen, and that parent is a citizen. These can happen in any order, but all must happen before 18. After 18, the child must apply on their own later. See Did my child become a citizen when I did?
• Adult court and records. A juvenile record is treated differently from an adult conviction in many immigration cases. See Does a juvenile record affect immigration or DACA?

What changes at 21?

Twenty one is the age when a young person stops being a "child" for most family and humanitarian cases.

• SIJS. Special Immigrant Juvenile Status is for young people abused, neglected or abandoned by a parent. You must be under 21 when the petition is filed with USCIS. A state juvenile court must make findings first. In California, courts can do this for people 18 to 20 in some cases. Do not wait. See Can I still get SIJS if I am 18, 19 or 20?
• Family petitions. An unmarried child under 21 of a citizen is an "immediate relative," with no line. At 21, that child moves to a category with a wait. A child of a green card holder moves from F2A to F2B, which is often slower. A law called the Child Status Protection Act can lock in a younger age for some children. For children of citizens, the age can freeze on the date the petition was filed. In the waiting categories, a formula subtracts the time the petition was pending, and the child must take steps toward a green card within one year of a visa becoming available. See What happens if my child turns 21 while waiting for a green card?
• Asylum family. A person granted asylum can bring or add a child who is unmarried and under 21, based on the child's situation when asylum was granted.
• Helping your own family. At 21, a U.S. citizen can file for their parents and their brothers and sisters. See Can my US citizen son or daughter sponsor me?
• U and T visas. A victim who is under 21 can ask for status for more family members than an older applicant can: a spouse, children, parents and unmarried brothers and sisters under 18. A victim who is 21 or older can include only a spouse and children (USCIS Policy Manual on U visa family; 8 CFR 214.201 on T visa family). For a T visa, parents and young siblings can be included at any age if they are in present danger of retaliation. Ask a lawyer which age counts in your case. See Can my family get status through my T visa? and Can my spouse and children get status through my U visa?
• Fee waivers. If you are under 21, a means tested benefit received by your parent can count when you ask USCIS for a fee waiver on forms that allow one.

What if I came alone?

Federal law calls a young person an unaccompanied child if they are under 18, have no lawful status, and have no parent or legal guardian in the U.S. able to care for them. Two rules help them:

• No one year deadline for asylum. Adults generally must apply for asylum within one year of arrival. That deadline does not apply to unaccompanied children.
• An asylum officer hears the case first. Even if the young person is in immigration court, an unaccompanied child's asylum application starts with a USCIS asylum officer, in a non court interview.

Turning 18 can change how a young person is treated in custody and in court. California funds free legal help for unaccompanied young people, including help with SIJS, asylum and U and T visas. See CDSS Youth Legal Services and How to get your records from when you came as an unaccompanied child.

What about asylum for young people who did not come alone?

The one year deadline applies. It is counted from your last arrival. There are exceptions for changed or extraordinary circumstances, and being an unaccompanied minor is one listed example. Being under 18 alone is not a guaranteed excuse. If you fear going back, see a lawyer now. See The one year deadline to apply for asylum.

How much does it cost?

Fees change. These were checked October 19, 2026:

USCIS treats the fees set by the 2025 law as not waivable. A lawsuit filed July 22, 2026 argues the SIJS fee should allow waivers; we found no ruling as of October 21, 2026. Plan to pay it, and ask your lawyer if anything changes. Free nonprofit help is the best way to cut costs. See What immigration help for children costs.

Mistakes to avoid

• Waiting until 20 to ask about SIJS. The court step takes time and must come first.
• Leaving the U.S. after 18 without advice. The 3 and 10 year bars may start.
• Getting married without advice. Marriage can end a child category.
• Missing the registration date at 14. Ask whether your papers already count.
• Assuming you have no options because DACA is closed. Many young people qualify for something else.

Questions people ask

I am 20 and my parent abandoned me. Is it too late? Not yet. You must file the SIJS petition before 21, and a court must act first. Call a legal clinic today.

I came at 15 and I am 19 now. Does the time before 18 count against me? Not for the 3 and 10 year bars. The clock for those started on your 18th birthday.

My mom became a citizen when I was 17 and I had a green card. Am I a citizen? Maybe. If you lived with her in the U.S. in her legal and physical custody before you turned 18, you may already be a citizen. See Did my child become a citizen when I did?

My dad's petition for me was filed when I was 12. I am 22 now. Did I lose my place? Not always. The Child Status Protection Act may help. It can subtract the time the petition was pending from your age, but you must act within one year once a visa is available. Ask a lawyer now.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Anywhere in the U.S.: the DOJ list of pro bono legal service providers or ImmigrationLawHelp.org

For San Mateo and Santa Clara county residents:

• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440. Services include SIJS, asylum and DACA for low income residents of San Mateo and Santa Clara counties.
• Immigration Institute of the Bay Area, Redwood City: (650) 587-1558, by appointment.
• Bay Area Legal Aid: 1-800-551-5554, including SIJS, U, T and VAWA.
• SIREN: (408) 453-3003
• Asian Law Alliance: (408) 287-9710

Anywhere in California:

• Unaccompanied young people: CDSS Youth Legal Services, YLSProgram@dss.ca.gov
• Everyone else: state map of free legal services, (916) 651-8017

See Helping a young person find out if they have immigration options and Free legal help in the Bay Area.

Is there a worksheet I can print?

Your age is not a wall. It is a calendar. Know your dates, act early, and don't lose hope.