Congress recognized that many children were aging out of eligibility for lawful permanent residence due to large USCIS processing backlogs. As such, they implemented the Child Status Protection Act (CSPA). Please continue reading as we explore what you should know about these matters and why connecting with an experienced New Jersey Immigration Lawyer is in your best interest.
What is the Definition of a Child According to U.S. Immigration Law?
First and foremost, it’s important to understand that eligibility requirements for certain statuses are very specific, especially for lawful permanent resident status, also known as a green card. Under the Immigration and Nationality Act (INA), a child is defined as a person who is both unmarried and under 21 years old. If you are applying for lawful permanent resident (LPR) status as a child turns 21 before being approved for LPR status, that individual can no longer be considered a child for immigration purposes. This scenario is commonly referred to as “aging out” and means that these applicants must file a new petition, which can result in waiting even longer to obtain a green card or no longer being eligible for a green card. Once a person turns 21, they are no longer considered a child for immigration purposes.
Who is Eligible for CSPA?
The Child Status Protection Act (CSPA) was enacted to address the issue of children losing eligibility for legal residence in the United States due to processing delays at USCIS. Essentially, this law protects certain children of immigrants from “aging out” of their immigration status, allowing them to retain their eligibility for a green card even if they turn 21 during the application process. CSPA “freezes” a child’s age for immigration purposes.
A specific formula is used to determine a child’s age for immigration purposes. The calculation is typically done by figuring out the number of days that your petition was pending and subtracting it from the age you are on the date that the petition becomes available to you. As long as your CSPA age is under 21, you qualify for lawful permanent resident status as a child. CPSA applies to the following people:
- Immediate relatives (including derivatives of widowe(er)s)
- Family-sponsored preference principal applicants and derivative applicants
- Violence Against Women Act (VAWA) self petitioners and derivative applicants
- Employment-based preference derivative applicants
- Diversity Immigrant Visa (DV) derivative applicants
- Derivative refugees
- Derivative asylees
It’s important to note that if you are applying for a green card based on one of the categories mentioned above, you are eligible for CSPA consideration if either your qualifying Form I-485, Application to Register Permanent Residence or Adjust Status, or one of the following underlying forms was filed or pending on or after August 6, 2002:
- Form I-130, Petition for Alien Relative
- Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant
- Form I-140, Immigrant Petition for Alien Worker
- Form I-526, Immigrant Petition by Alien Entrepreneur
- Form I-589, Application for Asylum and for Withholding of Removal
- Form I-590, Registration for Classification as a Refugee
- Form I-730, Refugee/Asylee Relative Petition
For more information, please don’t hesitate to get in touch with a qualified immigration lawyer from The Law Offices of Aditya Surti, LLC. Our legal team is prepared to help you understand your rights and legal options.