The T-1's age, and in some cases, the family member's age, will impact a family member's eligibility for T derivative status. The T visa regulations and statute contain certain "age-out" provisions which protect against ineligibility due to age in some cases. The chart* below shows when the age-out protections apply and how to keep an eye out for an impending age-out that will prevent a family member from eligibility for T derivative status.
For a full-size, print-ready version of the table, download the CAST advisory below.
For more information, please see the following resources:
- CAST advisory, T Derivatives & Age-Out Protections
- CAST FAQ, T Visa Derivatives
- USCIS Policy Manual, Part B, Vol. 3, Chapters 4 & 5
- T visa regulations: 8 CFR § 214.211
- CAST T Visa Checklist
For further questions, consider seeking individual technical assistance.
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August 2025
*All CAST-provided materials, including the above chart, are protected by copyright and cannot be republished without express permission. These materials are made freely accessible thanks to our OVC grant. They must remain accessible to all and cannot be placed behind a paywall. For more information, please review our Republication Guide