The Child Status Protection Act (CSPA) is a United States immigration law that was enacted in 2002 to protect certain children from aging out of their eligibility for a green card due to long processing times by the United States Citizenship and Immigration Services (USCIS). Under the Immigration and Nationality Act (INA), a child is defined as a person who is unmarried and under the age of 21. However, if a child turns 21 while their green card application is pending, they are no longer considered a child under the INA and are ineligible for a green card. This is known as “aging out.”
The CSPA provides a way to “freeze” a child’s age for immigration purposes if they turn 21 while their green card application is pending. The CSPA age is calculated by subtracting the number of days the Form I-130 (or Form I-360 for VAWA self-petitioners and derivatives) was pending from the applicant’s age on the date an immigrant visa becomes available to the applicant.
The CSPA is a complex law, and there are many exceptions and special rules. It is important to consult with an immigration attorney to determine if you or your child are eligible for protection under the CSPA.
At Godoy Law Office, our immigration attorneys are available to answer any of your questions and discuss all of your options so that you can make the best decision for your situation. Our expertise and commitment to client service make us the ideal partner for your immigration journey. A skilled immigration attorney can put their experience to work for you to achieve your American Dream. If you need help with an immigration issue, please contact our office at 630-345-4164.
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
