Child Status Protection Act

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F4 India Handling CSPA Cases with Confidence

Child Status Protection Act (CSPA) in the United States is a complex immigration matter and it is understandably daunting to go through this process on your own. That’s why, you should get our legal support as you move forward. At F4 India, our attorneys have an exclusive focus on CSPA. We have been practicing in this area of law for many years, gaining deep insight, experience, and skills with how to effectively handle CSPA cases. With all of this backing our team of attorneys, you can be assured that you are in very good hands when you work with us.

Our immigration Team is ready to help you, no matter how challenging or difficult your CSPA case is. We want to help you achieve your U.S. immigration goals in the most efficient and effective manner possible. Our firm reunites those living abroad with the relatives in the United States. In short, we are an immigration firm with a mission to provide the highest quality U.S. immigration services to our clients.

The Child Status Protection Act of 2002 (CSPA)

The Child Status Protection Act amended the Immigration and Nationality Act (INA) to permit an intended immigrant for certain immigration benefits to retain classification as a child under the CSPA Act, even if the child reached the age of 21. This act has added section 201(f) for intended immigrants seeking to qualify as Immediate Relative and section 203(h) for intended immigrants seeking to benefit under a preference category, including derivative beneficiaries.

The Most Common Questions Asked For CSPA

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UNDERSTAND THE TERMS

Priority Date:

It is the date when your Petition was filed.

Approval Date

The date when your immigrant petition was approved by USICS, such as when Form I-130 was approved by family-based immigration or when Form I-140 was approved for employment-based immigration. You can find your priority date on your Form I-797

Visa Bulletin Current Date:

A visa bulletin current date means an immigrant visa number is available and scheduled for interview

(Note: Visa officer will calculate your CSPA on the interview date)

Let Us Calculate your CSPA Eligibility.

If you are having difficulty in calculating CSPA eligibility yourself, provide the information below and our expert professional will do it for you for free.

Get the result in your email.

What you will get?

1. Your CSPA Eligibility Result.

2. Your Petition prediction dates for Processing at NVC and Interview.

3. What steps you can take in order to freeze your age.

Freeze You age

Hire our expert CSPA Attorney to get your age freeze. Attorney will help you with following tasks:

1. Eligibility Check: Attorneys at F4 India first check the eligibility for CSPA and based on your case type they provide you best possible solution, which prevents you from any unnecessary Hassel like name removed from the petition or visa denial.

2. File Sought to Acquire: There are different methods to file Sought to Acquire. Our attorneys choose the most relevant and accurate method based on your case type, to fulfil the requirement of Sought to acquire.

3. Complete and submit USCIS Forms: Wrongly filled USCIS forms can delay or deny your case. Filing USCIS forms is a daily based procedure for our Legal team. Our legal team collect all information, verify it with the supporting documents and other evidence.

4. Guide you for Adjustment of status or Consular processing: Every case is different and the attorney know how to initiate the process, in order to obtain the desired immigration benefits.

5. Affordable Legal Fees: Our fee is based upon the complexity of your immigration case and the number of immigration applications required to be made on your behalf, although we do our best to make our price suitable for our clients.

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Child Status Protection Act (CSPA) INA 203 (H) Flow Chart


What is “Aging Out”?

The Immigration and Nationality Act (INA) describes a child as an applicant who is unmarried and under 21 years old. When a child applies for adjustment of status, or consular processing, but when the application is being adjudicated, the child turns 21 then that child becomes ineligible for a green card, and this situation is known as aging out. This happens due to large backlogs and long processing times for visa petitions. The Child Status Protection Act (CSPA) prevents children from “Aging Out” of eligibility for permanent residence.


How Does The Child Status Protection Act Help?

CSPA provides a way for calculating a person’s age to check if they meet the definition of a child for immigration purposes. The calculated age is that the child’s “CSPA age.” this permits some individuals to remain classified as children beyond their twenty-first birthday. However, CSPA doesn’t change the need that you simply should be unmarried in order to remain eligible for classification as a child.


What is CSPA Eligibility Criteria?

CSPA applies only to the subsequent people

  • Immediate Relatives
  • Family-Sponsored Preference Principal Applicants and Derivative Petitioner;
  • Violence Against Women Act (VAWA) Self-Petitioners and Derivative Petitioner
  • Employment-Based Preference Derivative Applicants
  • Diversity Immigrant Visa (DV) Derivative Applicants
  • Derivative Refugees
  • Derivative Asylees.

    If you’re applying for a green card based on one of the categories above, you’re eligible for CSPA consideration if either you are qualifying form I-485, Application to Register Permanent Residence or adjust status or one among the following underlying forms was,

  • filed or pending on or after August 6, 2002:
  • Filing a Petition for Alien Relative with (Form I-130)
  • Filing a Petition for Amerasian, Widow(er) or Special Immigrant with (Form I-360)
  • Filling an Immigrant Petition for Alien Worker with (Form I-140)
  • Filling an Application for Asylum and for Withholding of Removal with (Form I-589)
  • Registration for Classification as a Refugee with (Form I-590)
  • Filling a Refugee/Asylee Relative Petition with (Form I-730)

How Does CSPA Works For Immediate Relatives?

If you’re an immediate relative, a VAWA self-petitioning abused spouse or child of a U.S. citizen, or a derivative kid of a VAWA self-petitioning abused spouse or child of a U.S. citizen, Age gets frozen on the date the Form I-360 and Form I-130 has filed. If you were under the age of twenty-one at the time the petition was filed, you’re eligible for CSPA and will not age out. However, you need to stay unmarried in order to qualify.


How CSPA Works For Preference Categories?

CSPA allows the time a visa petition was pending to be subtracted from the beneficiary’s biological age at the time of visa availability so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.


How Can You Freeze Your Age in Order to be Eligible For Immigration?

If the CSPA age calculates out to be less than 21, then the children can apply for “seek to acquire” visa within a span of 1 year from the date when their application gained current status from priority status.

In many cases, the visa is being denied even after the CSPA age calculated out to be 21 years or lesser. It was for the only reason that the concerned child did not apply to “seek to acquire” visa within 1 year from the date when his application gained current status from priority.

To avoid this, one should apply for the “seek to acquire” visa in timelines by completing any of the below forms.

CSPA Details Following 3 Scenarios Wherein the Age of The Children Will be Frozen:

  • If US citizen parent tender I-130 visa petition on behalf of his child prior to his 21st birthday. So according to CSPA guidelines, the age of the child will be frozen on the day I-130 visa petition is received.
  • If after submitting I-130 visa petition for the child under the family-based 2A category (children of lawful permanent residents) naturalizes before the 21st birthday of the child, the child’s age, in this case, will be frozen on the day when the parents naturalized.
  • If after submitting I-130 visa petition for the child under family-based 3A category (married son or daughter of a US citizen) the child gets divorced before his/her 21st birthday, this child’s age will be frozen as on the day of divorce.

In case a child wishes to stay abroad for work or study purposes or any other purposes instead of immigrating to the US, he /she will continue to be the child of the US parent until the time his/her petition gets cancelled.

In the meantime, he/she can migrate anytime to the US as an immediate relative until they remain single or visa petition gets cancelled.

What Would be the Option For Your U.S. Immigration Dream to Come True After Getting Your Name Removed From the Existing Petition?

There are still many options to fulfil your dream of immigrating to United States and to join your family in US. Contact Us for expert advice on your case and to know the best possible option to Immigrate to US.