Immediate relatives (including derivatives of widow(er)s).
However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.ĬSPA applies only to the following people: The calculated age is the child’s “CSPA age.” This allows some people to remain classified as children beyond their 21 st birthday. Instead, CSPA provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes. The CSPA went into effect on August 6, 2002.ĬSPA does not change the definition of a child. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.Ĭongress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If USCIS transfers your underlying basis, then your CSPA age is now calculated using your age at the time the immigrant visa becomes available minus the time the petition that forms the new basis of the adjustment of status application was pending.įor more information on calculating your CSPA age, please see section called “CSPA for Family and Employment Preference and Diversity Visa Immigrants” below. If you have a pending adjustment application as a derivative child and your parent transfers the underlying basis of their adjustment application to another basis, then USCIS uses the date the transfer request is received to determine if you satisfy the “sought to acquire” requirement to benefit from the CSPA age calculation under INA 203(h)(1)(A) in the new immigrant preference category.Īs USCIS states in Volume 7, Part A, Chapter 7 of the Policy Manual, “f an applicant has multiple approved petitions, the applicant’s CSPA age is calculated using the petition underlying the adjustment of status application.” When USCIS approves a request to transfer the underlying basis of the pending adjustment of status application, the CSPA age is calculated using the approved petition that forms the new basis of the adjustment application. USCIS considers such a written request to fulfill the “sought to acquire” lawful permanent resident status requirement if the request is received by USCIS within one year of a visa becoming available in the new immigrant preference category. When an applicant with a pending adjustment of status application wishes to adjust on a different approved petition than the one that currently forms the basis of their application, the applicant may submit a written request to transfer the underlying basis of their pending adjustment application.
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