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CSPA AGE FREEZE AND FORMULA

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CSPA

The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under twenty-one years old. If someone applies for lawful permanent resident (LPR) sta-tus as a child, however, turns twenty-one before being approved for LPR status (also re-ferred to as obtaining a Green Card), that person will no longer be considered a child for immigration purposes. this situation is commonly referred to as “ageing out” and sometimes implies that these applicants would need to file a new petition or application, wait even longer to get a green card or you will not be eligible for the green card.
Congress recognised that several children were ageing out because of massive USCIS processing backlogs, thus it enacted the child status Protection Act (CSPA) to protect certain children from ageing out. The CSPA went into an impact on August 6, 2002.
CSPA doesn’t amendment the definition of a child. Instead, CSPA provides a way for calcu-lating 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.

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.

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 your 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)

If you’re a derivative refugee, your CSPA age is your age on the date your principal refugee parent or form I-730 petitioner has filed his or her I-590, which is the interview date with a USCIS Official. If you were under the age of twenty-one at the time of your parent’s inter-view, your age is frozen as on that date and you will not age out. whereas you need to be unmarried to qualify for admission into the U.S. Being as a Derivative refugee, you don’t have to remain unmarried in order to qualify for a Green Card under INA section 209.
If you’re a derivative asylee, your CSPA age is your age on the date your principal asylee parent or form I-730 petitioner filed his or her form I-589. If you were under the age of twen-ty-one at the time your parent filed form I-589, your age is frozen as of that date and you may not age out. unlike derivative refugees, you need to be unmarried so as to qualify for a grant of derivative asylum and to qualify for a green card under INA section 209.

If you’re a family preference (including VAWA), employment-based preference, or DV appli-cant, your CSPA age is calculated by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes obtainable to you (age at the time of visa availability). However, you need to stay unmarried so as to quali-fy.

The Formula for CSPA Calculation Age :
Age at Time of Visa accessibility – Pending Time = CSPA Age
Example:
You are twenty-one years and six months old once an immigrant visa becomes available to you. Your petition was pending for six months. Your CSPA age is calculated as follows:
21 years and 5 months – 6 months = 20 years and 11 months
Age at Time of Visa accessibility
The date the visa is taken into account obtainable is that the later of these 2 dates:
The date the petition was approved; or
The first day of the month of the Department of State Visa Bulletin that indicates that a visa is available for you within the Final Action Dates chart.
For DVs, the date a visa is considered obtainable for CSPA purposes is the first day on that the Department of State can allocate a visa number based on the principal applicant’s rank number.

Pending Time
The length of your time a petition was pending (pending time) is that the number of days between the date that it’s properly filed (filing date) and therefore the approval date. The formula deciding the length of your time the petition was pending is as follows:
Approval Date – Filing Date = pending Time
Example:
Your mother filed a petition for you on Jan 1, 2017. USCIS approved the petition on Aug 1, 2017.
Aug 1, 2017 – Jan 1, 2017 = 7 months
For DV derivative applicants, the number of days the petition was pending is that the period of your time between the start of the DV Program registration period to the date of the DV selection letter.
Example:
The DV Program registration began on Nov 1, 2017, and the DV selection Letter is dated April 1, 2018.
April 1, 2018 – Nov 1, 2017 = 5 months

Sought to acquire
In order to benefit from CSPA as a family preference (including VAWA), employment-based preference, or DV applier, you need to ask for to acquire lawful permanent resident status within one year of a visa becoming available to you. It is known as sought to acquire requirement.
• You may satisfy this demand by:
• Filing a form I-485 Properly, Application to Register Permanent Residence or Adjust Status
• Submitting a completed part 1 of kind DS-260, Immigrant Visa Electronic Application or
• File an application for Action on an Approved Application or Petition, Form I-824 properly filed on your behalf.
If you fail to satisfy the sought to amass requirement, USCIS may use its discretion to excuse you from this requirement if you can establish that your failure to do this was the re-sult of extraordinary circumstances.

When a lawful permanent resident (LPR) files a form I-130, Petition for Alien Relative for his or her child or unmarried son or daughter, the petition is classed as a family second prefe-rence case. If the petitioner naturalises (becomes a U.S. citizen) before the unmarried son or daughter or child get a Green Card, the petition is converted to either family first preference case or an immediate relative
Child of LPR (F2A) Becomes a child of a U.S. citizen (Immediate Relative)
If your LPR parent filed a Form I-130 for you as his or her child then your parent became a U.S. citizen before you turned twenty-one, your age “freezes” on the date your parent be-came a citizen. You become an immediate relative and cannot age out.
Unmarried Daughter or Son of LPR-F2B Becomes unmarried Daughter or Son of U.S.Citizen-F1
If your LPR parent filed a form I-130 for you as an unmarried son or daughter (second prefe-rence classification) then your parent became a U.S. citizen, you normally would automati-cally convert to a first preference classification because of the unmarried son or daughter of a U.S. citizen (F1). However, you will choose to prefer of the automatic conversion and stay in second preference classification (F2B) if the waiting time for the second preference visa is shorter than the waiting time for the first preference visa. {you might|you’ll|you will} check the Visa Bulletin to see if opting out of automatic conversion may lead to a shorter waiting time for you.
If you would like to opt out of the automatic conversion, you must submit a written request to the USCIS workplace that approved your kind I-130. You (not your parent) ought to send a signed letter stating that you want to prefer of the conversion from F2B to F1. This letter ought to additionally embrace your and your parent’s names and dates of birth and the re-ceipt number for your kind I-130. you can notice the receipt variety on the receipt and ap-proval notices. The approval notice will also show you which workplace approved your form I-130.
If you do not know that the USCIS office approved your form I-130, you can make an INFO-PASS appointment to speak with a USCIS officer or you may call USCIS ContactCenter.

While K nonimmigrants don’t seem to be covered under CSPA, K-2 and K-4 nonimmigrants might benefit from CSPA under certain restricted circumstances.

Limited CSPA Coverage for K-2 Nonimmigrants
As a Nonimmigrant K-2(child of a K-1 nonimmigrant who is the fiancee of a U.S. citizen), you usually get a green card based on your admission into the U.S. with a K-2 visa and your K-1 parent’s wedding to the U.S. citizen petitioner within ninety days of being admitted to the U.S. As long as you were under twenty one once you were admitted to the u. s. as a K-2 nonimmigrant, you may not age out of eligibility for a green card. In these circumstances, you’re not eligible for and don’t need CSPA in order to get a green card.
You are solely eligible for CSPA if you’re the beneficiary of a form I-130, Petition for Alien Relative. In most cases, you do not need a form I-130 to get a green card if you’re a K-2 nonimmigrant. However, if your stepparent and your K-1 nonimmigrant parent did not marry within ninety days (a requirement for obtaining a green card based on K-1 and K-2 nonimmi-grant status), Your stepparent have to file a form I-130 for you. once your stepparent files a form I-130 for you, you become an immediate relative who can use the CSPA once applying for a green card.
In order to qualify as a stepchild, the wedding between your U.S. citizen stepparent and your K‑1 nonimmigrant parent should have occurred before your eighteenth birthday. Since your age “freezes” on the date your stepparent files the form I-130, you may have the benefit of the CSPA as long as your stepparent files the form I-130 before your twenty-first birthday.
For additional info regarding K-1 and K-2 nonimmigrant visas, see the Fiancé(e) Visas page. For additional info regarding applying for a green card as a K-1 or K-2 nonimmigrant, see the green card for Fiancé(e) of U.S. citizenpage.
Limited CSPA Coverage for K-4 Nonimmigrants
If you’re a K-4 nonimmigrant, you’re eligible for CSPA because you’ll apply for a green card as an immediate relative based on a form I-130 filed by your U.S. citizen stepparent.
In order to qualify as a stepchild, the wedding between your U.S. citizen stepparent and your K‑3 nonimmigrant parent should have occurred before your eighteenth birthday. Since your age “freezes” on the date the shape I-130 is filed, you have the benefit of the CSPA as long as your stepparent files the form I-130 before your twenty-first birthday.
Please browse the webpages for additional info on K-4 visas, see the K-3/K-4 Nonimmigrant Visas.

For additional info regarding CSPA, see the following If you are a :
• Refugees, Refer to INA 207(c)(2)(B)
• Asylees, Refer to INA 208(b)(3)(B)
• Refugee and Asylees adjustment of status (Green Card),Refer to INA 209
• Immediate relatives, Refer to INA 201(f)
• Family and employment preference and variety Visa immigrants, RefertoINA 203(h)
• For General CSPA info for immediate relatives, Family and employment preference, and Diversity Visa immigrants see Adjudicators Field Manual, Chapter 21.2(e), Child Status Protection Act

CSPA AGE FREEZE

CSPA-Child Status Protection Act came into effect in 2002. Prior to this law, children, if attained 21 years of age before immigrating to the US with their parents, were “aged out” means that they would lose their chance to immigrate to the US.

This forced them to wait for several years in line to acquire green cards, and even to postpone marrying and have children.

CSPA details following 3 scenarios wherein the age of the children will be frozen:
1.  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.

2. 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.

3. 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 canceled.

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

CSPA Formula Resources

Rising number of cases wherein the children of US citizens were crossing the age of 21, while the visa petition was still in process and thus was aging out. In order to avoid families breaking up, CSPA came up with a formula which helped children to preserve their age as 21 while in reality being over 21 while they were in the waiting line.

Example:
Rohan applied for the visa when he was 19 and his priority date became current after 5 years when he was 24 in actual.
As per CSPA formula his age to be considered will be 24-5 = 19 year old.
Thus, he was allowed to immigrate.
The time taken by USCIS to approve a petition is something which is out of anybody’s control.
1.illustrating this using the example above, assume that the petition was only pending for 2 years instead of 5.
2.According to the formula, the CSPA age of the beneficiary will now be 25 – 2 = 23 years old.
3. Regrettably, the child will now not be permitted to migrate with his parents after his petition pending for 2 years, as opposed to if his petition was pending for 5 years.

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