The Child Status Protection Act:

The stated purpose of the Child Status Protection Act, is to ensure that certain family members who turn 21 will not be prejudiced by delays in the processing of their petitions by the USCIS. To make sure you understand what the CSPA does and does not do, it is important that you are familiar with certain key terms and concepts.

Who does it apply to?

The act focuses on children or derivative children of U.S. citizens and lawful permanent resident in regards to the child’s status when they reach the age of 21 (applying to the subject matter of immigration)

What are its effects on immigration?

It affects the difference in categorization of immigrants between falling under the “immediate relative” status or under the status of the “family preference system,” in regards to the child’s age when turning 21 years old.

Under the prior system, when a child turned 21 he or she would lose their “child status,” and consequently be re-categorized under a different section and preference. This would change their eligibility status, their priority position, and placing applicant under categories with limited visa availability, which would delay the processing of their petition.

Individuals categorized as immediate relatives (spouses of U.S. citizens, unmarried minor children of U.S. citizens, and parents of U.S. citizens over age 21) are under a category where there is no limit or cap on the number of visas available annually.

What are the specific functions of the CSPA?

In order to being the immigration process one has to file an I-130 Petition for Alien Relative from. The problem was the change of status that occurred, during the petition process, if the child turned 21. The change in category and preference lead to individuals being prejudiced by delays in the processing of their petition by U.S. citizenship and Immigration Service (USCIS). The CSPA alters this by:

1: unmarried children under age 21 at the time of their petition filing by a U.S. citizen, who turned 21 preserve their “immediate relative” status instead of being converted to a “first preference” position under the “Family Preference System.”

2: married children under 21, at the time of the I-130 filling, who subsequently divorce, before turning 21, convert to “immediate relative status.”

3: unmarried children under 21 at the time their LPR (lawfully permanent resident) parent filled the I-130 petition, but whose parent naturalize before the child do, are converted to immediate relative status and retain this status once they turn 21

4: Children under the 2A status retain that status upon turning 21, if they are younger than 21 by their adjusted age (their biological age minus the days the I-130 was pending before being approved by USCIS).

We hope this explanation helps. The CSPA analysis is one of the most difficult calculations and analysis to do. If you or a family member are worried that a child may age-out and will not be able to immigrate with the rest of the family, contact our immigration attorney who can provide answers to this difficult puzzle.

-Jesse Atwal
jatwal@bowmanandassoc.com

Sacramento Employment Law Attorney Chris Phillips helps clients across California. If you or someone you know has legal questions regarding bankruptcy, sexual harassment, Chapter 7, wrongful termination and more, Chris Phillips is an aggressive advocate for your rights.