Child Aging Out? CSPA may help

[Sanjiv Patel 13]

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.

The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary. . ."

Good Luck.

[NArocks 13]

This should be pinned here also as it affects both LPR's and USC

Basically, CSPA is applicable to many children since it was passed in 2002, as long as the child was under 21 when petition was filed and is still unmarried. It removes the period between priority date and petition approval date (in some cases, as much as 5 years) from current age of eligible child.

Here are some sources of information on the subject, as well as a CSPA Age Calculator. Hope this helps:

1. The Child Status Protection Act of 2002 (CSPA): http://www.uscis.gov/propub/ProPubVAP.jsp?...b9d34a8c70b7fb0
2. A good plain English explanation of the law: http://www.murthy.com/news/ukcspa.html
3. Another good source of information on CSPA: http://www.tancincolaw.com/tancinco_subidx...co2004626105042
4. CSPA Age Calculator: CSPA_Age_Caculator.zip

I found the age calculator a very helpful tool. James E. Leck of Boston University deserves a special thanks for creating this calculator. I am sure there are other good sources of information on CSPA.

Even if in some cases CSPA does not help a child as a derivative beneficiary under the given petition, the immigrating parents can apply for this child once they become legal PR, while retaining the original priority date of the original petition on which the child aged out. This will be beneficial to many.

Here is a link to an article that talks about this: http://www.ilw.com/articles/2006,1005-patel.shtm

An excerpt from this article:

". . . where an alien child is a derivative beneficiary under a principal beneficiary of any preference petition, and is determined to be 21 years of age or older and has therefore become ineligible for the benefit of § 203(h)(1), he or she may nonetheless be eligible for retaining the earlier priority date of the original petition that enabled the original principal beneficiary become a lawful permanent resident.

The principal beneficiary may then file a relative petition for the derivative beneficiary who would then fall under the second preference category as an unmarried son or daughter of the principal beneficiary. . ."

Good Luck.

Edited February 16, 2008 by narocks

[Sanjiv Patel 13]

My knowledge about CSPA finally culminated in a successful application of CSPA to my sister's family. Her son just got visa under CSPA, despite being over 25 on date of visa issuance, because his CSPA age is just over 20. This is a second successful application of CSPA in two families in 2 weeks period.

I feel good.

Sanjiv

[NArocks 13]

That is WONDERFUL News.

[NArocks 13]

USCIS Issued a new statement and fact sheet see link

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Hoe this helps someone.

[nbfsb 0]

I am a child of a USC and I'm over 22 before I was interviewed. the consular officer told me that they have to verify first if I'm not married. from what I understand from that is that my eligibility for an immigrant visa depends on my marital status. it says in the CSPA that age will be determined at the filing of petition (i was 18 that time) and also the beneficiary should be unmarried.

follow up question: do you know how long this process will take? I'm on my 3rd week of waiting.

[nbfsb 0]

I received my visa.a big thanks to the CSPA.

[NArocks 13]

I have a question, when the petition was submitted for you was the petitioner already a citizen? My husband in a PR now and will be a citizen in 2 years we apoplied for his son when the son was 18 however as a child of a PR. Can I get a little more details.

Thanks

[camilleang 0]

Hey guys, I'm goin to the US embassy tomorrow to have them compute my age hoping that i'm still eligible for CSPA law. Are there any requirements that I should bring i.e. birth certificate, passport etc...? I wanna be prepared when they interview me. Thanks!

[David Singson 1]

Hi, Im 20 years old and Im about to turn 21 this January 7, 2009. I'm an IR-2 visa applicant and I just had my interview today(Dec 17), got the pink slip. cool.

But the thing is, the interview officer told me that I have to leave the day before I turn 21 (that would be January 6, 2009) but the releasing officer told me that the visa will be delivered 2-3 weeks later. I can't afford that. That would be exactly 3 weeks. I asked the releasing officer about my case and he said that I am eligible for the CSPA and that I do not need to leave before my 21st birthday. He said my deadline is May 27, 2009 because that is also the day my medical will expire. My question is which of the two will I believe? by the way, the interview officer is an American and the releasing officer is Filipino. So when is it? January or May? What does the law say about my case?

Thank you, your comments will be appreciated.

Edited December 17, 2008 by David Singson

[David Singson 1]

Hey guys, I'm goin to the US embassy tomorrow to have them compute my age hoping that i'm still eligible for CSPA law. Are there any requirements that I should bring i.e. birth certificate, passport etc...? I wanna be prepared when they interview me. Thanks!

Did you qualify?

[jantigercat 0]

Well, I haven't heard about the CSPA until today while browsing over the internet. I am a 23 year old and my father is a USC. He petitioned for me on August 29, 2005. On November 28, 2008, he was sent a notice that our petition was approved. I was 20 and 8 months when my father filed for the petition (and the case was received by USCIS).

I am on the process of complying certain paperworks...but I am a bit worried because under the CSPA law I have already aged out because on the computation table that the law provides. Terrible. Or is there still hope?

J

[aaron2020 11,651]

Jantigercat. CSPA does not apply to you. It's applies to derivative beneficiaries. You are not a derivative beneficiary.

Your age and marital status determines which family based category you will be in when a visa becomes available. Visa availabilities in these categories are divided into those for Mexico, India, Philippines, and the rest of the world. The dates below are for the rest of the world.

F1 category (unmarried child of USC - at least 21 years old) - currently processing visas for I-130s filed before June 15, 2002.

F3 category (married child of USC) - currently processing visas for I-130s filed before August 1, 2000.

The bottom line is that the I-130 filed by your USC father is still good for you. Currently, you are in the F1 category. If you are unmarried in 3-4 years, you will get a visa. If you get married before immigrating to the US, you will be moved to the F3 category and have to wait an additional 2 years. F1 category does not allow for derivative beneficiaries, no one else can immigrate with you. In the F3 category, your wife and any children you may have would be allowed to immigrate with you.

Hope this helped.

Edited December 18, 2008 by aaron2020

[jantigercat 0]

aaron2020,

Thanks for the clarification. :-) ...so the filing for the NVC does not guarantee a visa yet because I have to wait in another queue.

But at least I know my classification now.

J

[nbfsb 0]

aaron2020,

Thanks for the clarification. :-) ...so the filing for the NVC does not guarantee a visa yet because I have to wait in another queue.

But at least I know my classification now.

J

is your father already a USC when he petitioned you? the date of his naturalization will determined your age under CSPA. I am on IR2 petition. it was filed by my USC father when I was 18yo but due to immigration delays, I was just interviewed last september. and I am 22yo & 3 months to be exact. I now have my visa w/ me. I must also leave before my medical exam expires. I was also worried that I will be ineligible for visa. but as long as (if under IR2) you're unmarried then nothing to worry about.