The Child Status Protection Act (CSPA) provides a mechanism to allow certain children to immigrate with their parents, even if they turn 21 (the cutoff age for “child” status) during the immigration process. Determining eligibility under this act involves calculating an “immigration age” which may differ from the child’s actual chronological age. This calculation begins with the child’s chronological age on the date the priority date of the immigrant visa petition became current. From this age, one subtracts the number of days the petition was pending with United States Citizenship and Immigration Services (USCIS). This resultant age is the “CSPA age.” For example, if a child is 22 years old when the priority date becomes current, and the petition was pending for 400 days, the CSPA age would be 20 years and approximately 1 month (22 years – (400 days/365.25 days per year)).
Accurately determining an individual’s status under this provision is crucial for families seeking to immigrate together. It can prevent the separation of family members and ensure that qualified applicants are not unfairly denied immigration benefits due to processing delays. The CSPA addresses a significant problem inherent in immigration law: lengthy processing times that inadvertently age out beneficiaries of visa petitions. Understanding the nuances of this act is essential for both applicants and legal professionals to navigate the complex immigration system effectively and protect the rights of eligible individuals.
