Does CSPA age freeze?

In many instances, the Child Status Protection Act (CSPA) freezes the ages of your children to prevent them from “aging out” when they reach their 21st birthday.

Does CSPA apply to immediate relatives?

CSPA applies only to the certain types of immigrants: Immediate relatives (Spouse of U.S. citizens, unmarried children under 21 years of age of a U.S. citizen, or a parent of a U.S. citizen if the citizen is 21 or older);

What is CSPA approval date?

The Child Status Protection Act (CSPA) of 2002 became effective on August 6, 2002. The CSPA was enacted to preserve child status for certain beneficiaries who would otherwise “age out” (turn 21 years old before they could be issued a visa) due to administrative delays in visa processing.

What is CSPA rule?

The Child Status Protection Act (CSPA) was enacted in 2002 to help young people who turned 21 years old before U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) approved their green card applications.

Does CSPA apply to derivative beneficiaries?

The derivative beneficiary’s “age” for CSPA purposes would be 20 (the beneficiary was 27 when the I-485 was filed, but the visa petition was pending for 7 years). This derivative beneficiary can benefit from the CSPA since he or she applied for permanent residence within one year of visa number availability.

When is a visa considered available for CSPA purposes?

For DVs, the date a visa is considered available for CSPA purposes is the first day on which the Department of State can allocate a visa number based on the principal applicant’s rank number. The length of time a petition was pending (pending time) is the number of days between the date that it is properly filed (filing date) and the approval date.

What are the requirements for adjustment of status under CSPA?

The adjustment applicant must have had one of the following approved or pending on or after the CSPA’s effective date: a qualifying Petition for Alien Relative ( Form I-130 ), Petition for Amerasian, Widow (er), or Special Immigrant ( Form I-360 ), or Application to Register Permanent Residence or Adjust Status ( Form I-485 );

When do you qualify as a stepchild under the CSPA?

In order to qualify as a stepchild, the marriage between your U.S. citizen stepparent and your K‑1 nonimmigrant parent must have occurred before your 18th birthday. Since your age “freezes” on the date your stepparent files the Form I-130, you may benefit from the CSPA as long as your stepparent files the Form I-130 before your 21st birthday.

What is the child status Protection Act (CSPA)?

Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. The CSPA went into effect on August 6, 2002. CSPA does not change the definition of a child.

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