The Child Status Protection Act (CSPA) is a law that addresses the issue of young people who turned 21 years old before their green card applications were approved. Prior to the CSPA, if a child reached the age of 21, they would no longer be eligible to immigrate with their family. However, the CSPA allows for the “freezing of age” for immediate relative children when their U.S. citizen parent files a visa petition on their behalf. This means that the time spent waiting for the visa petition to be processed can be deducted from the child’s age. The CSPA was enacted to resolve the problem of lengthy delays in the green card application waitlist and the processing times of USCIS and DOS.
The Child Status Protection Act (CSPA) was modified in 2002 to assist individuals who turned 21 years old before their green card applications were approved by the USCIS and DOS. Prior to the CSPA, individuals who reached the age of 21 were no longer able to immigrate or adjust their status with their family. The CSPA resolves this issue by “freezing the age” of immediate relative children when their U.S. citizen parent files a visa petition on their behalf. Using a mathematical formula, the CSPA subtracts the time the visa petition was pending from the child’s age. For instance, if a child was 20 years old when their parent submitted a visa petition and it took 2 years for approval, the child’s age would be “frozen” at 20 years old, even if they turned 21 during the waiting period. Consequently, the child remains eligible to immigrate or adjust their status with their family. The CSPA was enacted to address the lengthy delays on the green card application waitlist and the average processing times of the USCIS and DOS. This law allows individuals to maintain their classification as a “child” under the Immigration and Nationality Act, regardless of turning 21 years old. It promotes family unity and ensures that children are not penalized for delays beyond their control.
The Child Status Protection Act (CSPA) is a federal law that allows certain individuals to retain their classification as a child for immigration purposes, even if they have turned 21 years old.
The CSPA applies to certain beneficiaries of family-based immigrant visa petitions, employment-based immigrant visa petitions, and diversity visa lottery winners who were under the age of 21 at the time the petition was filed.
Under the CSPA, the age of the child is “frozen” on the date the visa petition is filed, allowing them to retain their child status even if they turn 21 before the visa becomes available.
Yes, the CSPA can be applied retroactively to individuals who were eligible for protection but aged out before the law was enacted in 2002.
Yes, there are certain exceptions to CSPA protection, such as if the child marries before the visa becomes available or if the child fails to seek to acquire lawful permanent resident status within one year of visa availability.
To determine your eligibility for CSPA protection, you should consult with an immigration attorney who can review your specific circumstances and guide you through the process.
No, the CSPA only applies to certain types of immigration cases, such as family-based and employment-based petitions, and diversity visa lottery winners.
No, the CSPA does not apply to asylum cases. It is specifically designed for certain immigrant visa petitions.
No, the CSPA does not provide protection in deportation or removal proceedings. It is primarily focused on preserving child status for immigration visa purposes.
No, the CSPA is not applicable to children who are already lawful permanent residents. It is primarily aimed at preserving child status for individuals seeking immigrant visas.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 28th April 2024.
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