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Patriot Act has restored immigration benefits to certain applicants who have aged out during September of 2001.


The USA Patriot Act had given relief to many victims and/or relatives of victims of the September 11, 2001 terrorist attack. One such benefit is help for individuals who would be affected by "age-out." Age-out is a term used by the Immigration and Naturalization Service to describe an individual who, although may have filed the appropriate papers as a son or daughter of an alien while he or she was under the age of 21, has now turned 21, prior to the approval of that visa application. That individual has "aged-out." This means that since the individual is over the age of 21 now, prior to an Immigration and Naturalization Service approval, he or she may not complete the processing and is not granted the visa. This is true even though that individual had begun the processing prior to his or her 21st birthday.

Well, the USA Patriot Act has restored immigration benefits to certain applicants who have aged out during September of 2001. Section 424 of the USA Patriot Act extends the time an aged out visa applicant is considered to remain a "child" for the purposes of overseas consular visa processing, as long as the visa application was filed on or before September 11, 2001.

The USA Patriot Act, section 424, states that an applicant whose twenty-first birthday occurs in September 2001, who is the beneficiary of a petition or application filed on or before September 11, 2001, will be considered to be a child for 90 days after the applicants twenty-first birthday for the purpose of adjudicating that petition or application.

The USA Patriot Act, section 424 also states that an applicant whose twenty-first birthday occurs after September 2001 and who is the beneficiary of a petition or application filed on or before September 11, 2001, will continue to qualify as a child for 45 days after the applicants 21st birthday for the purpose of adjudicating the petition or application.



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