Just because a child turns 21, they shouldn’t lose immigration benefits. That’s exactly the situation the CSPA was designed to prevent. However, even with those protections in place, it can be a challenge to understand exactly how this law works for you and yours. That’s just one of the ways a CSPA lawyer from our firm can help.
Here at Rijal Law Firm, we are dedicated to helping families understand and navigate the complexities of immigration law. If you have any questions about how CSPA works or just want to speak to an experienced lawyer, reach out.
What is the CSPA?
Signed into law in 2002, the CSPA (Child Status Protection Act) is designed to help young people who “age out” while they’re waiting for their green card petition to be approved. See, many children who were under 21 when their green card petitions were filed found themselves “aging out” before the U.S. Citizenship and Immigration Services (USCIS) or the Department of State (DOS) could finalize their applications. The prolonged wait times for green cards, combined with slow processing at both USCIS and the State Department, left these children at risk of losing their eligibility. Something had to be done.
Before the CSPA, petitioners had to ensure that Form I-130 was submitted before their child’s 21st birthday. If not, the petition would be rejected if the child turned 21 before USCIS approved it. Now, as long as USCIS receives the Form I-130 before the child turns 21, they can be recognized as an “immediate relative,” even if they are older than 21 by the time the petition is approved.
Even with this, navigating the law can be a challenge. We can guide you through the process, answering any questions you might have.
Calculating a Person’s Age
The CSPA introduced a new way to calculate a person’s age for immigration purposes. Even after turning 21, some individuals can still be classified as children under this law. However, it is important to remember that in order to maintain eligibility under the CSPA, the individual must remain unmarried.
The CSPA locks in their age based on when the principal refugee parent, or the petitioner, files the I-590 form. If the child was under 21 at the time of the parent’s interview, their age is frozen as of that date, preventing them from aging out of eligibility.
Similarly, for immediate relatives, VAWA self-petitioning children, or spouses of U.S. citizens, the age is frozen when Form I-360 or Form I-130 is filed. This ensures that those under 21 at the time of filing remain eligible under the CSPA.
For applicants applying through family preference, employment-based preference, or the Diversity Visa (DV) program, the calculation of their CSPA age involves subtracting the time the petition was pending from their age at the time their visa becomes available.
Who Is Covered by CSPA?
The CSPA applies to immediate relatives, including the derivatives of widows and widowers. It benefits self-petitioners under the Violence Against Women Act (VAWA) and their derivatives.
A CSPA Lawyer Who’s Ready to Help
The CSPA provides critical protections for children who would otherwise age out of eligibility for permanent residency. Taking full advantage of these protections requires a thorough understanding of the law. At Rijal Law Firm, our team is experienced in handling CSPA cases.
To see how we can help you with this or other immigration-related matters, contact us for a free case evaluation.
