Child Status Protection Act
The Child Status Protection Act (CSPA) was signed into law on August 6, 2002. It was enacted in order to keep immigrant families united despite family-based and employment-based waiting times which can range up to 22 years or more.
Prior to CSPA, once a child turned 21 years of age, he “aged-out” and was no longer able to immigrate (or adjust status) along with his family. CSPA eliminates this problem by “freezing the age” of immediate relative children when their petitioning U.S. citizen parent submits a visa petition on their behalf; when a petitioning permanent resident parent naturalizes; or when a married son or daughter who has been petitioned by a U.S. citizen parent becomes divorced or widowed.
CSPA also creates a mathematical formula which allows the amount of time that a visa petition was pending to be subtracted from a child’s age.
What happens if a child “ages-out” despite the mathematical formula? Again, CSPA provides relief for “aged-out” children. However, this subsection of CSPA is currently being litigated by our law firm before a Federal Appeals Court.
CSPA is applicable to most persons who had visa petitions submitted on their behalf prior to August 6, 2002. Therefore, it applies to hundreds of thousands of persons.
We hope that the information provided below assists you in better understanding CSPA, and in keeping your family united.
This page is divided into the following subtopics:
• Success Stories
• CSPA Videos
• Chat Transcript
• CSPA Law & FAQ & Advice
• Pending Nationwide Class Action CSPA Lawsuit (Ninth Circuit)
• Pending CSPA Lawsuit (Fifth Circuit)
• Pending CSPA Lawsuit (Second Circuit)
• CSPA Lawsuit-District Court
• CSPA Cases Certified to the BIA
• USCIS/INS Guidance
• State Department Guidance
• Federal Court Decisions
• Administrative Decisions
• Practice Advisory Regarding CSPA (AIC)