There is no need to reapply if you are overage during the waiting period to apply for a green card.

There is no need to reapply if you are overage during the waiting period to apply for a green card. The Ninth Circuit Court of Appeals ruled in a six-to-five vote on the 26th that Citizenship and Immigration Services will not need to reapply for thousands of accompanying parents...

If you are overage during the waiting period to apply for a green card, you do not need to reapply. The Ninth Circuit Court of Appeals ruled in a 6-5 vote on the 26th that Citizenship and Immigration Services erred in requiring thousands of children who accompanied their parents to apply for green cards when they turned 21 and were considered aged out while waiting for the green card. Immigration officials must maintain their original application dates. According to U.S. immigration law, persons over the age of 21 cannot apply for a green card with their parents. The appeal judges ruled that parents who apply for a "derivative visa" for their children can retain the priority date even if the child reaches 21 years old. The ruling states that the Child Status Protection Act passed by Congress in 2002 helps these applicants retain their original filing dates. Appeal judges ruled that immigration officials wrongly forced many such applicants to reapply, putting their cases at the end of the queue. The new ruling requires immigration officials to consider people's original filing dates when processing green card applications. A lower court judge previously overturned a class-action lawsuit brought by parents. Shasterman, a lawyer representing the plaintiffs, said: "Tens of thousands of children living in the United States or foreign countries who have been required to reapply due to overage can request to restore their original application date based on this ruling." The federal government may appeal the case to the Supreme Court, and the Department of Justice did not indicate on the 26th whether it would appeal.