Whether a child keeps derivative eligibility after turning 21 is fact-specific and depends on the applicable age-protection analysis, not on a general rule. Raise it at the first consultation if any child is in their late teens, since the answer can influence when to file and which process the family pursues.
Put every birthdate in front of counsel early
List each child's date of birth, marital status and current immigration status, plus the parents' marriage details, and ask for an assessment before the petition is filed rather than after a long wait. Eligible derivatives are a spouse and unmarried children under 21, and marriage during the process also affects eligibility. If one child's position is uncertain, ask what alternatives exist for that person specifically.
List every child's date of birth, marital status, and current immigration status, together with the parents' marriage details, and ask for an assessment before the petition is filed rather than after a long wait. Whether a child keeps derivative eligibility after turning twenty-one is fact-specific and depends on the applicable age-protection analysis rather than on a general rule, so raise it at the first consultation if any child is in their late teens. Eligible derivatives are a spouse and unmarried children under twenty-one, and marriage during the process also affects eligibility.
Where one child's position is uncertain, ask what alternatives exist for that person specifically, since the answer can change when to file.