Published: June 25, 2025
Are you or a loved one holding a dependent visa? A dependent visa status comes with limitations that affect one’s immigration options in the US. For instance, children on dependent nonimmigrant visas, such as H-4 or L-2, can stay in the country based on their relationship to a principal visa holder.
Dependents age out and lose their eligibility to retain their H-4 or L-2 status once they turn 21 years old. Likewise, they may no longer qualify for green cards through their parents’ petitions. Aged-out child dependents must seek another immigration status to remain lawfully in the US.
Switching to an F-1 student visa is a common pathway for dependents who are nearing the age of 21. In this post, learn how the transition works and what possible protections individuals on dependent visas can qualify for to preserve immigration status as well as the overall interest of the family.
Pathways for Transitioning From H-4/L-2 Status to an F-1 Student Visa
A child on an H-4 or L-2 dependent visa is authorized to attend elementary, middle, and high school in the US without any restriction.
As long as they preserve their dependent status, they can enroll in any public or private primary and secondary institution. Upon graduating from high school, dependent children on H-4 or L-2 visas can advance their studies at a college or university if they’re still under 21.
Once they reach the age limit of the H-4 or L-2 status, dependents can transition to an F-1 student visa. It’s a nonimmigrant visa that authorizes enrollment in full-time education at an accredited college or university. Dependents can switch to an F-1 status through the following pathways:
Adjustment of status inside the US
You can adjust your status to an F-1 student visa through the United States Citizenship and Immigration Services (USCIS) without leaving the US. It’s possible by filing the Application to Extend/Change Nonimmigrant Status. Dependents must submit the application before the existing H-4 or L-2 status expires.
Consular processing outside the US
Another route is to secure an F-1 student visa through consular processing. It involves leaving the US and completing the F-1 visa application process at a US embassy or consulate in your home country. This is the appropriate option if the current H-4 or L-2 status has already expired, or if the dependents are ineligible to file a change of status in the US.
Considerations When Switching Your Visa Status from H-4/L-2 to an F-1 Student Visa
Switching your visa status from H-4 or L-2 status to an F-1 student visa requires careful planning with an immigration attorney’s assistance. The following are some factors worth considering to ensure a smooth transition:
- The current H-4 or L-2 status must remain valid to change your status within the US.
- Apply as early as possible before turning 21 to avoid delays due to USCIS processing times.
- Secure admission to a SEVP-certified institution and acquire a Certificate of Eligibility for Nonimmigrant Student Status from the school.
- Show solid evidence of sufficient financial resources to pay for your tuition and living costs throughout the study period.
- Consider premium processing to expedite your F-1 change of status application.
- Outline a compelling career plan in your home country and specify how studying in the US will support those goals.
- Do not engage in any employment before the F-1 program officially starts.
Get Legal Guidance to Secure Immigration Eligibility Before Aging Out
Dependents aging out of H-4 or L-2 visa status is a significant problem for many families. But planning early with a Los Angeles immigration lawyer can help qualified children successfully switch to an F-1 student visa and prevent any gaps in lawful status.
Whether you’re changing your status in the US or securing a visa from the consulate abroad, our team at ALG Lawyers can help assess your eligibility and options. Contact our firm now to initiate a one-on-one consultation for your immigration case.
FAQs on Switching from H-4 or L-2 to an F-1 Student Visa
What are the consequences of aging out while on H-4 or L-2 dependent status?
Losing H-4 or L-2 status due to age carries substantial risks. The repercussions can be severe, making proactive planning absolutely necessary. Consequences of aging out can include the following:
- Can lose eligibility to secure permanent residency as a derivative of their parents
- Cannot stay in the US after turning 21
- Falling out of lawful status and becoming subject to removal proceedings if no other immigration is secured
Is it legal to remain in the US while your F-1 change of status is in process?
It’s legally permissible to remain in the US while your F-1 change of status is in process, only if you meet the specific conditions. One of the key requirements is that the H-4 or L-2 status must remain valid. Suppose your existing expires before approval. You can risk losing your lawful status and may be required to leave the country.
How can the Child Status Protection Act (CSPA) help preserve the eligibility of aged-out dependents?
The Child Status Protection Act (CSPA) provides a pathway that locks in the child’s age, allowing them to receive a green card alongside the rest of the family, even after reaching 21. However, only certain immigrant categories can qualify for CSPA protections. Since H-4 or L-2 visas are nonimmigrant categories, such protections neither apply to them nor prevent those in H-4 or L-2 status from aging out.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)