The Child Status Protection Act (CSPA) is a United States immigration law that was enacted in 2002. Its main purpose is to protect certain children from aging out of their eligibility for immigration benefits. Aging out refers to the situation where a child who was originally eligible for a particular immigration benefit, such as a visa or green card, loses their eligibility because they turn 21 years old before the immigration process is completed.
Under the CSPA, the age of a child is frozen at a certain point in the immigration process, allowing them to retain their eligibility even if they turn 21. This is particularly important for children who are derivative beneficiaries of their parents’ or siblings’ immigration petitions. The CSPA provides a formula to calculate the child’s “CSPA age” by subtracting the time taken for certain administrative processes from their actual age.
The CSPA also allows certain individuals who were previously denied immigration benefits due to aging out to reapply for those benefits if they meet certain criteria. This provision aims to rectify the unfairness caused by the child aging out and losing their eligibility solely due to administrative delays.
Overall, the Child Status Protection Act seeks to protect the rights of children in the immigration process and prevent them from losing their eligibility for immigration benefits due to circumstances 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.
Under the CSPA, the age of a 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 beneficiaries of visa petitions filed on or after August 6, 2002.
Yes, there are certain exceptions to the CSPA’s protection, such as cases involving marriage or loss of derivative status.
The CSPA allows derivative beneficiaries to retain their child status even if the principal beneficiary ages out, as long as they meet certain requirements.
No, the CSPA does not provide a mechanism for recapturing unused visa numbers. It only protects the age of the child for immigration purposes.
No, the CSPA does not provide any provisions for expediting visa processing. It only addresses the age of the child for immigration purposes.
Yes, the CSPA allows certain individuals to adjust their status in the United States, even if they have turned 21.
To determine your eligibility under the CSPA, it is recommended to consult with an experienced immigration attorney who can evaluate your specific circumstances and provide guidance based on the law.
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: 13th April 2024.
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