Child Status Protection Act (CSPA)
The Child Status Protection Act (CSPA) amended The Immigration Nationality Act (INA) by changing who qualifies as a child for purposes of visa issuance by the department of state and for purposes of adjustment of status. This permits certain beneficiaries to retain classification as a “child” even if he or she has reached the age of 21.
For instance, if a U.S. citizen files a petition (Form I-130) for his or her child, the beneficiary’s age freezes on the date of the filing. In addition, if the petition (Form I-130) is filed by a permanent resident parent and the parent naturalizes before the beneficiary turns 21, the beneficiary’s age freezes on the date the petitioner naturalized.
» Must be the beneficiary of a pending or approved visa petition on or after August 6, 2002.
» The beneficiary must not have had a final decision on an application for adjustment of status or an immigrant visa before August 6, 2002.
» The child must “seek to acquire” permanent residence within 1 year of a visa becoming available. USCIS interprets “seek to acquire” as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child’s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or submit Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State.
Note: Individuals may be eligible to apply for permanent residence under CSPA after 1 year of a visa becoming available if all of the following are true:
» They are a beneficiary of a visa petition that was approved prior to August 6, 2002
» They had not received a final decision on an application for permanent residence based or immigrant visa on that visa petition prior to August 6, 2002
» The visa became available on or after August 7, 2001
» They met all of the other eligibility requirements for CSPA (see above)
For professional assistance with completing your citizenship application contact Linton Imigration Services for a FREE Consultation.