By Julie Sparks in DACA | on 2022-02-17 09:11:00
If you have questions about the Child Status Protection Act, speak with a DACA lawyer right away.
Under the Immigration and Nationality Act (INA), a child status protection as a child but turns 21 before being approved for immigration benefits, then that individual can no longer be a child for immigration purposes. This is a situation commonly referred to as “aging out” and typically means those affected may have to file a new petition or application, wait for an even longer period to get a Green Card, or may altogether no longer be eligible for a lawful permanent resident.
Unfortunately, many applicants aged out during the long processing times owing to a large number of petitions and applications being filed, creating a backlog.
To address this issue, Congress passed, and the Child Status Protection Act (CSPA) was enacted to protect certain children from aging out. The law went into effect on August 6, 2002.
Child Status Protection Act provides a means of calculating a person’s age to see if they meet the definition of a child for immigration purposes. The output of the calculation is the child’s “CSPA applicant’s age,” which allows some individuals to remain classified as children for purposes of immigration beyond their 21st birthday. However, to be eligible for Child Status Protection Act, one must still be unmarried to remain classified as a child.
The following people are eligible to receive protection under the status protection act CSPA:
To qualify for Child Status Protection Act:
A common question our immigration attorney at J. Sparks Law, PLLC gets is whether someone who had their application for a permanent resident denied for aging out can have their case reopened to get their green card approved under Child Status Protection Act. Under a new USCIS, yes, the agency will accept, without an immigrant visa fee. A motion to reopen or reconsider a denied I-485 application if the following criteria are met:
If you have applied for a permanent residence and have issues or concerns about being aged out from cspa age, contact our immigration law office today for a consultation.
Julie Sparks is Board-certified by the Texas Board of Legal Specialization in Immigration and Nationality Law, one of a few such attorneys in Texas. After 15 years of practice in this field, she has represented immigrants from more than 70 countries.
Ms. Sparks is a member of the Texas Bar Association and the American Immigration Lawyers Association (AILA). Julie has also been a featured speaker at Southwestern Law School and at the national 2015 AILA Fundamentals Conference.