The Child Status Protection Act (CSPA) was enacted in 2002 to help protect children from “aging out” of their eligibility for immigration benefits due to delays in visa processing. Before CSPA, a child who turned 21 years old before their immigration petition was processed would lose their status as a dependent and no longer qualify for a green card under their parent’s application.
CSPA ensures that many children can retain their eligibility for lawful permanent residency despite delays caused by long processing times. However, the law has specific criteria and calculations that determine whether a child qualifies for CSPA benefits.
This guide provides a detailed breakdown of the US CSPA, including eligibility, how age is calculated, application processes, and strategies for new immigrants to maximize its benefits.
Understanding the Child Status Protection Act (CSPA)
What is CSPA?
The Child Status Protection Act (CSPA) was introduced to prevent children from losing their eligibility for green cards due to aging out before their application is processed. Normally, a child must be under 21 years old and unmarried to qualify as a derivative beneficiary in a family-based or employment-based petition.
However, due to USCIS visa backlogs and processing delays, some children turn 21 before their priority date becomes current. CSPA allows these children to retain their eligibility under certain conditions by adjusting their “immigration age” rather than using their actual biological age.
Who Qualifies for CSPA Benefits?
To qualify for CSPA protection, an individual must meet the following eligibility requirements:
✔ Must be a derivative beneficiary of a family-based, employment-based, Diversity Visa (DV) Lottery, or refugee/asylee petition.
✔ Must be under 21 years old at the time of filing but aged out before the visa is issued.
✔ Must have a pending or approved immigration petition that has been delayed due to long processing times.
✔ Must meet the “sought to acquire” requirement, meaning they must take action to apply for permanent residency within one year of visa availability.
How is a Child’s Age Calculated Under CSPA?
CSPA does not freeze a child’s age indefinitely. Instead, USCIS uses a special formula to determine a child’s CSPA age.
CSPA Age Calculation Formula
To determine CSPA eligibility, the following formula is used:
CSPA Age=Biological Age at Visa Availability−USCIS Processing Delay\text{CSPA Age} = \text{Biological Age at Visa Availability} – \text{USCIS Processing Delay}CSPA Age=Biological Age at Visa Availability−USCIS Processing Delay✔ Step 1: Identify the child’s biological age on the date the priority date becomes current.
✔ Step 2: Subtract the number of days the visa petition was pending from the child’s biological age.
✔ Step 3: If the adjusted age is under 21, the child remains eligible for permanent residency under CSPA.
Example Calculation
- A child is 20 years and 10 months old when the visa becomes available.
- Their petition was pending for 8 months before approval.
- CSPA Age = 20 years 10 months – 8 months = 20 years 2 months
- Since the CSPA age is still under 21, the child qualifies for protection.
Types of Immigration Petitions Covered by CSPA
CSPA applies to multiple types of immigration petitions, including:
1. Family-Based Petitions (F1, F2A, F2B, F3, F4)
✔ Beneficiaries of family-sponsored petitions can qualify for CSPA if their petition has been delayed due to USCIS processing times.
2. Employment-Based Petitions (EB-2, EB-3, EB-4, etc.)
✔ Children listed as derivative beneficiaries on their parent’s employment-based green card application may qualify for CSPA protection.
3. Diversity Visa (DV) Lottery
✔ Winners of the Diversity Visa Lottery who are under 21 at the time of application but face delays in visa issuance may benefit from CSPA.
4. Refugee/Asylee Derivatives
✔ Children deriving status from a refugee or asylum-seeking parent may qualify under CSPA.
CSPA’s “Sought to Acquire” Requirement
Even if a child’s CSPA age is under 21, they must meet the “sought to acquire” requirement to remain eligible.
What Does “Sought to Acquire” Mean?
✔ The child must take action within one year of the visa becoming available.
✔ This action includes:
- Filing Form I-485 (Adjustment of Status) if inside the US.
- Submitting DS-260 (Immigrant Visa Application) if outside the US.
- Filing Form I-824 (Follow-to-Join Application) in family-based cases.
Failure to meet this one-year deadline may result in the loss of CSPA benefits.
CSPA Protection and Priority Date Retrogression
A major challenge faced by CSPA applicants is visa bulletin retrogression.
What is Retrogression?
✔ Visa retrogression occurs when a priority date that was previously current moves backward due to high visa demand.
✔ This can delay green card issuance for years, sometimes pushing children past the age of 21.
How CSPA Helps During Retrogression
✔ If a visa was available but later retrogressed, CSPA age calculation remains locked in from the first time the visa became available.
✔ The child does not lose their eligibility as long as they meet the “sought to acquire” requirement.
How to Apply for CSPA Benefits
Step 1: Determine Your CSPA Eligibility
✔ Check if you are a derivative beneficiary of a pending or approved petition.
✔ Confirm your age at the time of visa availability and calculate your CSPA age.
Step 2: Gather Supporting Documents
✔ Proof of visa petition approval (I-130, I-140, I-730, etc.).
✔ Immigration visa bulletin showing when the visa became available.
✔ Proof of action taken within one year (I-485, DS-260, or I-824 receipt).
✔ Birth certificate to confirm parent-child relationship.
Step 3: Submit Adjustment of Status or Consular Processing
✔ If in the US, file Form I-485 for Adjustment of Status.
✔ If outside the US, file Form DS-260 for Consular Processing.
✔ Attach a cover letter requesting CSPA protection based on eligibility.
Step 4: Wait for USCIS Decision
✔ USCIS reviews CSPA eligibility and approves or denies protection.
✔ If approved, the child continues with green card processing.
Common Mistakes to Avoid When Applying for CSPA
✔ Missing the “Sought to Acquire” Deadline – Failing to take action within one year of visa availability results in losing CSPA benefits.
✔ Incorrect Age Calculation – Ensure that the CSPA formula is correctly applied based on USCIS guidelines.
✔ Lack of Documentation – Failing to provide proof of petition approval, visa availability, and action taken can lead to a denial.
✔ Not Monitoring Visa Bulletin – Retrogression affects CSPA eligibility, so check the Visa Bulletin regularly.
Final Thoughts on Navigating CSPA Benefits
The Child Status Protection Act (CSPA) is a crucial law that protects children of green card applicants from losing their immigration benefits due to aging out. However, navigating the eligibility process, age calculation, and application requirements can be complex.
Key Takeaways:
✔ CSPA applies to family-based, employment-based, Diversity Visa, and refugee/asylee categories.
✔ USCIS uses a specific formula to determine the CSPA age of a child.
✔ Taking action within one year (“sought to acquire” rule) is critical.
✔ Visa retrogression does not automatically remove eligibility if CSPA age is locked in.
✔ A well-prepared application with strong supporting documents increases approval chances.
By following these guidelines, new immigrants can successfully navigate the US CSPA system and secure permanent residency for their children