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Child is getting age out

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My Brother has filed a petition for me under brother and sister category and i was so confused regrading my petition process .In Jan I came to know about F4 INDIA through one of my friend and then I started my visa application process with one of the consultant named Samar Sandhu , he explained and helped me with all the process. I got visa within nine Months . I highly recommend F4 INDIA for their better visa process.


Child is getting age out

Contact the team of F4 India Consultants to know answers to the questions below.

  1. What to do if you are not protected by the CSPA age calculator?
  2. Who benefits the most from CSPA?
  3. What should be the next step for LPR Parents who Naturalize while the petition is Pending?
  4. How can married children of U.S. Citizens (Third Preference Category)can get benefit of CSPA?
  5. Importance of Seek to acquire in order to get the immigration benefits in the Application/ Petition?

Child Status Protection Act

What to do if you are not protected by the CSPA age calculator?

Child Status protection Act is considered as a solution to the problem of children ages out (when they turn 21) and become ineligible to immigrate. The CSPA Act went into effect on August 6, 2002.

Who benefits the most from CSPA?

The children of a US Citizen benefit the most. When a US citizen file I-130 visa petition for his or her children before they turn 21, their ages get freeze means they will never age out. Such children remain immediate relative even if they are no longer children as defined in the INA. These beneficiaries are able to immigrate more quickly because there is no need to wait for a priority date to become current. An immediate relative petition does not include derivative beneficiaries. However, all preference petitions can have derivative beneficiaries. Fortunately, the CSPA allows the immediate relative beneficiary to convert to 1 st preference, so that when she immigrates his or her child can immigrate along as a derivative beneficiary.

Children of LPR Parents who Naturalize while the petition is Pending.

The child becomes the immediate relative if the Lawful Permanent Resident Parent naturalizes before that child turns 21. If an LPR petitioner files only one I-130 for his or her spouse and consider that their children will immigrate in derivative status, then it is important to know that when these parents naturalize, they need to file a separate I-130 petition for each child, since the children lose their derivative status. What happens when Children turn 21? To be on the safe side, it is advised that once the lawful permanent resident parent naturalizes, the petitioner / Principal Applicant / Derivative Beneficiary should contact the Attorney As soon As Possible.

Married Children of U.S. Citizens (Third Preference Category)

Married children get advantage from the CSPA if they get divorced while still under 21. If married children are over 21 at the time, they get divorce, then they convert to 1st preference. And in case If they have dependent children, they may prefer to move into the first preference category upon turning 21 so that their children can derive status and immigrate with them.

Children of LPRs and of Derivative Beneficiaries

Before CSPA, the children of Lawful Permanent Residents s on turning 21 were converted from the 2A to the 2B preference category. While the children of 4th preference (Derivative beneficiaries) would age out and lose their ability to immigrate altogether before CSPA. But now this has been changed. For the children of lawful permanent residents and for other derivative beneficiaries the CSPA is much less generous, and much more complicated, than it is for the children of U.S. citizens.

At the time of Visa become available we have to look at the biological age of the derivative beneficiary. If the beneficiary is over 21, he or she still might qualify, depending on how long the I-130 was pending. You can understand this by the formula given below.

To get the CSPA age or calculated age you have to deduct the time the petition was pending from the beneficiary’s actual age on the date a visa became available.


The formula is as follows:

  1. The first step is to calculate the time the petition was pending: the time between the petition’s filing date and the approval date
  2. And the second step is to deduct the time the petition was pending (see the first step above) from the beneficiary’s actual age on the date the visa becomes available.

The date when the visa becomes available:

(a) the first day of the visa bulletin month on which the priority date becomes current or

(b) the petition approval date, whichever occurs later.92

The age you get from this formula is the CSPA age; and if it is under 21, the beneficiary may continue to qualify as a "child" under the INA.

Caveat: The One-year Requirement

The CSPA “calculated” age has an expiration date and is not valid indefinitely. In order to be protected by the CSPA age, an individual must “seek to acquire” lawful permanent resident status within one year of the visa availability date (the date when the priority date became current). In other words, if a 2A beneficiary has already turned 21 and his or her priority date becomes current on October 1, 2013, you then calculate his or her CSPA age, and you see if it comes out to 18 years of age. However, this beneficiary does not have another three years of protection under the CSPA, as his CSPA age would suggest. Instead, he or she must comply with the one-year requirement and he or she must seek to acquire status as a lawful permanent resident before October 1, 2014.

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