Understanding the Child Status Protection Act (CSPA) in Family-Based Immigration

The Child Status Protection Act (CSPA) is a vital piece of legislation in U.S. immigration law that aims to protect certain children from "aging out" of eligibility for immigration benefits due to long processing times. Before CSPA, children who turned 21 before their applications were processed often lost their eligibility for classification as a "child" under immigration law. This article delves into the CSPA's application, including an example calculation, to illustrate how it works.

What is the CSPA?

Enacted on August 6, 2002, the CSPA helps prevent children from aging out of eligibility by providing a method to calculate their age based on specific criteria. This act applies to various categories, including family-sponsored immigrants, employment-based immigrants, diversity visa applicants, and asylees/refugees.

Key Provisions of the CSPA

1. Age Lock-In: The age of a child is locked in as of the date the I-130 or I-360 petition is filed, provided the petition was filed before the child turned 21. This means if a U.S. citizen files an I-130 petition for their child before the child turns 21, the child's age is locked in as under 21 for immigration purposes.

2. CSPA Age Calculation: The CSPA age is calculated by subtracting the time the I-130 petition was pending from the child’s age on the date the visa becomes available.

3. Immediate Relative Status: If the CSPA age is under 21, the beneficiary is classified as an Immediate Relative, despite turning 21 before filing for adjustment of status.

4. Unmarried Status: The child must remain unmarried to retain the classification under the CSPA.

Example Calculation of CSPA Age

Let's consider an example to demonstrate how the CSPA calculation works.

Case Example

• Applicant's Birthdate: June 15, 2001

• I-130 Filing Date: March 1, 2019

• I-130 Approval Date: July 1, 2021

• Visa Availability Date: August 1, 2021

• Form I-485 Filing Date: September 1, 2022

Step-by-Step Calculation

1. Age on Visa Availability Date:

   • Visa became available on August 1, 2021.

   • Applicant's age on that date:

     • August 1, 2021 - June 15, 2001 = 20 years, 1 month, and 16 days.

2. Pending Time of I-130 Petition:

   • I-130 filed on March 1, 2019, and approved on July 1, 2021.

   • Total pending time:

     • March 1, 2019, to July 1, 2021 = 2 years and 4 months (or 852 days).

3. CSPA Age Calculation:

   • Age on Visa Availability Date (20 years, 1 month, 16 days) - Pending Time (852 days):

     • Subtracting approximately 2 years and 4 months from the applicant's age.

     • Resulting CSPA age: 17 years, 9 months, and 16 days.

Since the applicant's CSPA age is under 21, they are still considered a "child" for immigration purposes and should be classified as an Immediate Relative, even though they filed for adjustment of status after turning 21.

Practical Implications

The CSPA offers significant relief to families dealing with immigration backlogs. By effectively "freezing" a child's age based on the filing date of their petition, the act ensures that children are not unfairly penalized due to long processing times.

Conclusion

The Child Status Protection Act (CSPA) is a crucial safeguard in U.S. immigration law that helps prevent children from aging out of eligibility for immigration benefits. By understanding how the CSPA calculation works, families can better navigate the immigration process and ensure that their children retain their classification as Immediate Relatives.

If you have questions about how the CSPA applies to your case or need assistance with immigration matters, consulting an experienced immigration attorney can provide you with the guidance and support you need. Feel free to contact us for personalized assistance and professional guidance! We're here to help every step of the way!