What’s the Child Status Protection Act?

Dont_Grow_UpThe CSPA was enacted on August 6, 2002, to provide a remedy for applicants who would have otherwise aged out (turned 21) and lost the possibility of gaining an immigration benefit. The CSPA addresses problems with USCIS processing delays that are not within the control of children beneficiaries, which inevitably caused the beneficiaries to lose their status. The law has different formulas for how the CSPA age should be calculated depending on whether the person is the child of a U.S. citizen, the child of a green card holder, a derivative in the family- or employment-based categories, an asylee/refugee derivative, or a derivative based on the Violence Against Women Act (VAWA). Although it does not protect all applicants, the CSPA ensures that certain family members who turn 21 will not be penalized due to USCIS processing delays.

For a good summary of the CSPA, see this website from the USCIS Ombudsman’s Office.

Also see these posts on our blog:

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4 responses to “What’s the Child Status Protection Act?”

  1. Ehsan Avatar
    Ehsan

    Hi,

    I am 31 years old and unmarried. My mother has a green card and filed an I-130 for me 6 months ago. Will I be covered by the Child Status Protection Act?

    Reply
    1. Gary Chodorow Avatar
      Gary Chodorow

      Sounds like the Form I-130, Petition for Alien Relative, will classify you in the F2B category as a lawful permanent resident’s son or daughter, age 21 or older and unmarried. You can’t “age out” of this category since by definition all principal beneficiaries are age 21 or higher. So no, the CSPA doesn’t apply to you.

      Reply
  2. josie Avatar
    josie

    Our priority date is now current under F4… It was filed and recieved on June 1990, I just want to ask if my son and daughter who is now 23 and 21 years old will be covered by Child Status Protection Act?

    Reply
    1. Gary Chodorow Avatar
      Gary Chodorow

      For a good summary of how to do the CSPA calculation, see this website from the USCIS Ombudsman’s Office: http://www.dhs.gov/teleconference-recap-child-status-protection-act-cspa-%E2%80%93-how-it-working-you.

      Reply

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