The Child Status Protection Act, or CSPA, is a US federal law that was enacted in 2002. It aims to help preserve the age of a child who is seeking permanent residency in the United States but has aged out due to delays in the processing of their case.
Before the CSPA, children who turned 21 years old while waiting for their visa application to be processed were no longer considered children and were ineligible for a visa. The CSPA provides relief by retaining their status as a child for immigration purposes.
The CSPA is applicable to a variety of family-based and employment-based visas, including immediate relative visas, family preference visas, and employment-based visas. It also applies to the Diversity Immigrant Visa Program, which is also known as the Green Card Lottery.
How Does the CSPA Calculate Age?
The primary purpose of the CSPA is to provide a formula that adjusts the age of the child when determining their eligibility for a visa. Under the CSPA, the age of the child is calculated by subtracting the number of days that the visa petition was pending from the child’s actual age on the date the visa becomes available. If the resulting age is under 21, then the child remains eligible for the visa.
For example, suppose a child was 20 years old when their parent filed a petition for a family-based visa, but due to processing delays, the visa became available when the child turned 22 years old. In that case, the CSPA formula would reduce the child’s age by the number of days the petition was pending. If the petition took two years (730 days) to process, then the child’s age under the CSPA would be 20 years and 365 days, making them eligible for the visa.
It’s essential to note that the CSPA does not apply to all visa categories and situations. It’s essential to consult with an immigration attorney to determine if the CSPA applies to your case.
CSPA Recent Updates
The CSPA has undergone several updates and revisions since it was first enacted in 2002. In August 2021, the Department of State announced a revised formula for calculating the age of children for family-based visas. The new formula considers the age of the child when the visa becomes available, rather than the age on the date of the visa petition filing. This change is expected to help more individuals retain their eligibility for a visa and reunite with their families in the United States.
On Feb. 14, 2023, USCIS issued policy guidance to update when an immigrant visa “becomes available” for the purpose of calculating Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status, effective immediately on this date.
The USCIS also notes that if you were previously denied your adjustment of status application, but you believe your age calculation is under 21 under the new policy guidance, you can file a motion to reopen your application using a Form I-290B, Notice of Appeal or Motion within 30 days of your denial.
If you believe that the CSPA may apply to your case, it’s essential to consult with an immigration attorney for guidance and advice. You can also visit the USCIS website for more information regarding the Child Status Protection Act.
