Indeed, the Immigration and Nationality Act makes it legal for most U.S. visa holders to bring their offspring with them. However, the latter would need to be single and under 21 to be eligible. Often, though, the approval for different permanent visas can take too long. That can mean that the child grows up and is no longer eligible for immigration purposes. After that, the same applicant can face one of three outcomes. Either they file a new petition themselves. Or, they must deal with the reality that they don’t qualify for a green card anymore!
Hence, the CSPA was put in place and the CSPA Age Out was introduced in 2002. It freezes the age of child applicants, so they won’t miss out on immigration opportunities. However, the way the authorities freeze and measure the age varies with the type of visa. Consequently, you could be measuring the wrong duration and miss out on your chance. We’d recommend not relying on a CSPA age calculator for this crucial measurement. Instead, place your trust in Eric Price and team. Not only are their calculations are never wrong. But they are also well known immigration experts!
CSPA Eligibility
You can be part of the CSPA’s classification status in your parents petitioned for a visa based on employment, family preference, refuge, asylum, and humanitarian programs. Of course, that only applies to beneficiaries who filed during or before August 6, 2002. Anyone who gets a decision on immigrant visa or adjustment of status later than that is ineligible for CSPA.
Let us look at how eligibility is subject to different types of petitions:
Immediate Relatives
The immediate relatives of a U.S. citizen/LPR can apply under this visa class. That includes their children – natural and adopted — who are unmarried and not older than 21. While the CSPA takes care of the age clause, it doesn’t apply to the bachelorhood condition. So, to remain that way, you must remain single.
Family-sponsored Preference Principals & Derivatives
The under-21-years-old children of those who apply in the family preference category are also eligible for the CSPA benefit. Again, they, too, must remain unmarried or they won’t qualify.
Violence Against Women Act (VAWA) Self Petitioners & Derivatives
The Child Status Protection Act also offers options to children who have – or had – abusive parents. If the child themselves is applying for a visa, they are a self-petitioner. If their abusive parent applied on their behalf, they would be a derivative. In both cases, the abuse must take place before the applicant was 21 years of age. Otherwise, they cannot qualify for VAWA-based CSPA benefits.
Employment-based Preference Derivatives
These are the offspring of immigrants who are in the U.S. on an employment visa. At the time of application, the derivatives must be younger than 21. Moreover, they’ll need to remain single to qualify for CSPA benefits.
Diversity Immigrant Visa (DV) Derivatives
CSPA immigration options are also open to the offspring of the DV applicants. This visa class is essentially a lottery, so it chooses random winners. As a child of a DV winner, the derivative’s name must be on the principal applicant’s form. They should be under 21 and single, too.
Derivative Refugees
Child Status Protection Act for Derivative Beneficiaries also looks out for the children of those who enter the U.S. as refugees. If they come along with their parents, they can be in the country together. If they’re outside, this will happen within four months of the parents’ arrival. Additionally, a refugee may also petition to bring the derivative later on – as long as it’s within two years of receiving refugee status. Again, the child must not be older than 21 or married to qualify.
Derivative Asylees
All the same is also true for those who seek safety by moving to the U.S. and their offspring.
CSPA Applicability
To know How to Apply for CSPA, you must know if you qualify. And to know the latter, applicants would need to determine their CSPA age correctly. Below, we discuss how a principal applicant’s submission of the following forms can influence the case of their derivatives:
Application To Register Permanent Residence Or Adjust Status (Form I-485)
For this to work, the principal applicant and derivative must both seek LPR status within a year of their arrival. So, how will you know your CSPA age? Calculate it when you subtract the number of days for pending time from the availability of an immigrant visa.
Petition For Alien Relative (Form I-130)
If you are closely related to a U.S. citizen, CSPA freezes your age from when your parent submits the Form I-130. Thus, the time of approval for their application for permanent residence will not count.
Petition For Amerasian, Widow (er), Or Special Immigrant (Form I-360)
Say, the abusive LPR parent is the one who filed I-130 for their offspring. Or, they sent in I-360 claiming their kid as a derivative. That’s the date when the CSPA will freeze the age of the child applicant – if they were 21 at the time of filing. Additionally, VAWA self-petitioners, the CSPA benefits remain open until they turn 25. In all cases, evidence of the abuse — from when they were not 21 — must be present.
Immigrant Petition For Alien Worker (Form I-140)
The date when your parent’s employer files the form is important. As long as you were younger than 21 back then, you can subtract the days starting on the said date from when they receive their immigrant visa. If you want to become an LPR, apply for it within one year of getting the immigrant visa.
Application For Asylum & For Withholding Of Removal (Form I-589)
For derivatives of our CSPA age will begin from when your parent filed I-589. Additionally, your marital status cannot change if you want to qualify for a Green Card.
Registration For Classification As A Refugee (Form I-590)
As part of their parent’s refugee application, a child’s CSPA age begins from when the latter files Form I-590. That’s also when your parent had an interview with a USCIS officer. The derivative in question doesn’t need to remain single if they want a Green Card later on.
Refugee/Asylee Relative Petition (Form I-730)
Those asylees who didn’t bring their under-21 offspring with them can submit a petition to do so later on. The CSPA age will count from the time the parent sends in I-730. However, they’d need to do so within two years of arriving in the country.
Understanding The Effective Date
In most CSPA cases, a child petitioner’s age calculations begin when the immigrant visa number becomes available. Said day can be the first day the State Department puts out its visa bulletin. Or the approval date if the visa is available.
How To Calculate Your CSPA Age
Two dates are important here. The first is the availability of the immigrant visa number for their parent. The second is how many days lapse until the applicable petition becomes available. Subtract the two to find out your CSPA age.
Contact Attorney Eric Price Today!
A U.S. citizenship lawyer can help you calculate the frozen date, to say the least. Parents worrying about their alien minor children should reach out to one immediately. Such legal experts will bring about lawful permanent residency in the swiftest of ways!
