I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?

Answer

In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help reduce the risk of her aging out, so you should discuss the matter with your immigration attorney prior to filing the petition. Ultimately, this will depend on several factors, including how long the petition remains pending, and how long it takes for the priority date to become current. (05.Feb.2025)

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