The United States Citizenship and Immigration Services (USCIS) has, sadly, always had a reputation for experiencing backlogs in processing the influx of immigration applications filed with them daily. And so, many children were facing the problem of no longer meeting the qualifications for the immigration status they initially petitioned for. That is, they turned 21 and essentially “aged out” of the requirement while their application was still pending. The U.S. Congress addressed this issue head-on with the Child Status Protection Act (CSPA) of 2002. Please read on to discover who is eligible for CSPA consideration and how one of the seasoned green card lawyers at Lupton Law LLC can help you make this calculation.

What guidance is provided by CSPA?

Under normal circumstances, immigration law recognizes a child to be an individual who is both unmarried and younger than 21. Now, the CSPA does not necessarily change this definition of a child. Rather, it changes the method for calculating a petitioner’s age so that they may still meet the definition of a child for the sake of their pending immigration application. This may otherwise be referred to as their CSPA age.

So, say you initially filed your petition before you turn 21 years old. Then, say the USCIS is still processing your petition well after your 21st birthday. Well, you may rest easy, as your CSPA age may remain frozen at 21 and your eligibility may remain intact. Importantly, though, you must remain unmarried at this time.

That said, if your immigration application was previously denied but you believe you fall under the CSPA’s age calculation, you may file a motion to reopen your case via Form I-290B, Notice of Appeal or Motion. You must do so within 30 days of receiving your notice of denial. Anything later, and you must establish that your delay was reasonable and beyond your reasonable control.

What applicants are eligible for CSPA consideration?

It is worth mentioning that only certain applicants may claim a CSPA age to salvage their eligibility. Specifically, individuals who have any of the following forms filed or pending with the USCIS 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 Withholding of Removal.
  • Form I-590, Registration for Classification as a Refugee.
  • Form I-730, Refugee/Asylee Relative Petition.

Unfortunately, if the CSPA’s age calculation does not apply to your case, you may have to go through this process of filing an entirely new application. This may even have to be a different application type if your eligibility has subsequently shifted as time has elapsed. Overall, this may create further delays in receiving your immigration status, all while possibly having to exit the country during this waiting period.

If you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with one of the competent green card lawyers. Our team at Lupton Law LLC wishes to aid you during this difficult point in time.