The biggest mistake in CSPA eligibility

The Child Status Protection Act (CSPA) provides “agedout” protection for children who turn 21 years of age.

- MICHAEL J. GURFINKEL, ESQ

For minor children of US citizens (IR), the formula and requirements are relatively simple and straightforward: the US citizen parent must file the petition before the child’s 21st birthday. CSPA eligibility is completed on the date of filing.

For all other family and employment-based petitions, determining eligibility can be confusing and complex, with many children losing out on CSPA eligibility because the family messed up and missed some of the requirements or deadlines.

For non-IR petitions, there is a two-step process for determining CSPA eligibility:

• Calculate the child’s age. This is done by subtracting the “processing time” of the operative petition (from the date of filing until the date of approval) from the child’s age when the priority date is current or visa is available. For example, if USCIS took one month to process and approve the petition, all you can subtract from the child’s age is one month. If USCIS took four years to process the petition, you can subtract four years from the child’s age.