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CSPA age is calculated by subtracting the number of days the petition was pending from the applicant's age on the date an immigrant visa becomes available to the applicant.

This derivative beneficiary can benefit from the CSPA since he or she applied for permanent residence within one year of visa number availability. The visa availability date in this example is the immigration petition approval date. Thus, this derivative beneficiary would be able to retain classification as a child.

A. Yes. The new law provides that a child who turns 21 years of age while his parent's request for asylum or application for refugee status is pending may accompany or follow to join the parent once he is granted asylee/refugee status. The new law also allows such a child to adjust status as an asylee/refugee.

If Form I-130 (Petition for Alien Relative) is filed for the child of an immigrant, but the child turns 21 before receiving a green card, they are no longer considered a child for immigration purposes, and they must apply for a different immigration status to stay in the U.S. lawfully.

On average, you can expect to wait around 3-4 years to receive an I-130 petition approval as the unmarried son or daughter over age 21 of a U.S. citizen or green card holder. Once the I-130 petition is approved, adult sons and daughters must wait for an immigrant visa number to become available.

Congress 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. The CSPA went into effect on August 6, 2002.

Yes, the CSPA does apply to the F4 category. When check the visa bulletin, look at the preference category. Children under 21 of LPRs are in visa preference category F2A while those above 21 are in category F2B and called sons and daughters.

The applicant's calculated CSPA age must be under 21 years old; The applicant must remain unmarried; and. The applicant must have sought to acquire lawful permanent residence within 1 year of visa availability, absent extraordinary circumstances.

The F4 visa is a fourth category Preference Relative visa designed for the siblings of U.S. citizens, their spouses, and unmarried children under the age of 21. To be eligible to sponsor a sibling for an immigrant visa, the U.S. citizen must be at least 21 years old and have a valid address in the United States.

In many instances, the Child Status Protection Act (CSPA) freezes the ages of your children to prevent them from aging out when they reach their 21st birthday.