If you are attempting to gain legal residence in the United States as a child under the age of 21, the Child Status Protection Act may be important during the process. It is crucial that you are aware of your rights and legal options during this time. Consult with a green card immigration lawyer in NYC for more information and skilled advice today.
What is a “Child” Under U.S. Immigration Law?
The United States immigration laws are specific regarding eligibility for certain statuses, particularly lawful permanent resident status, also known as a green card holder. A child, as defined under the INA (Immigration and Nationality Act) is considered an individual who is under the age of 21 and is unmarried. Historically there have been issues with children “aging out” meaning that they applied for a green card as a child but turned 21 before their status was approved. Once an individual turns 21 they are no longer considered a child for immigration purposes.
What is the Child Status Protection Act?
Because of a significant amount of backlogs in the USCIS (United States Citizenship and Immigration Services) administrative process, children aging out became a serious issue affecting families all over the United States. To counter this problem, Congress enacted the Child Status Protection Act (CSPA) in August of 2002.
The CSPA does not change the age at which you can be considered a child but instead “freezes” your age to allow you to maintain your child status even after you turn 21. Your CSPA age is calculated to determine whether you are eligible for a green card as a child.
The calculation can be 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 visa becomes available to you.
Your age on the date the visa is available to you – (the date the petition was approved – the date the petition was received by the USCIS) = CSPA age
As long as your CSPA age is under 21, you will still be considered eligible for lawful permanent resident status as a child.
Who is Eligible for CSPA?
If you are applying for a green card in the United States it is important that you understand whether or not you are eligible for CSPA. The following people can be protected by this law.
- Immediate relatives including derivatives of widow(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 derivative applicants
- Derivative refugees
- Derivative asylees
If you fall under one of the above categories you are considered eligible for CSPA, given that one of the following forms was filed on or after August 6, 2002.
- Form I-485, Application to Register Permanent Residence or Adjust Status
- 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
Immigration law can be complex so it is important that you consult with a skilled attorney to learn more about your rights and options.
