If you have finally gotten yourself a citizen or lawful permanent resident status in the United States, you may now focus on earning a status for your child. At this time, you may want your child to come live with you while their visa application is pending. However, you may worry that they are very close to aging into adulthood, and that their presence will no longer be accepted once they do. Well, this is why the U.S. Congress enacted the Child Status Protection Act (CSPA) back in 2002. With all that being said, please continue reading to learn more about the CSPA and how an experienced green card lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can work to calculate whether you fall under this protective measure.
What must I understand about the Child Status Protection Act?
According to the Immigration and Nationality Act (INA), a child is considered an individual who is both unmarried and younger than 21 years old. Say your child applied for a green card or other immigration status before reaching this age limit. Even so, the United States Citizenship and Immigration Services (USCIS) may take a long time to process and approve their application. Specifically, it may still be pending upon their 21st birthday. In short, your child may have “aged out,” and their initial petition may no longer be valid. With that, they may have to fill out and file an entirely new petition, which makes obtaining legal status in the country much more delayed.
This was an experience that many children-turned-adults have experienced in the past, due to no fault of their own, but rather due to USCIS backlogs. In response, Congress enforced the CSPA to prevent these children from “aging out.” Importantly, this Act does not change the INA’s definition of a child. Instead, it provides an alternative method for calculating age to improve immigration opportunities for individuals in this in-between age group.
What is the latest update on the CSPA’s age calculation?
On February 14, 2023, the USCIS updated how to calculate CSPA age for children seeking permanent resident status with one of their parents receiving a family-sponsored or employment-based visa. That is, the Department of State’s Visa Bulletin records the Dates for Filing chart and the Final Action Date chart. Previously, the CSPA’s age calculation was based on the Final Action Date chart, the later date. Thus, causing a tendency for children to “age out.”
Now, under new guidance, this calculation uses the Dates for Filing Chart. In other words, it freezes the child’s age to what it was on their initial filing date. So, even if a child turns 21 or older while their application is still pending with the USCIS, they may still be recognized as a child for the sake of their immigration eligibility. We cannot conclude without mentioning that the unmarried requirement stands true throughout this process.
If you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with a skilled green card lawyer in Milwaukee, WI. Our team at Sesini Law Group, S.C. wishes to aid you during this difficult point in time.