What’s the Child Status Protection Act (CSPA)?
The Child Status Protection Act (CSPA) was an important amendment to the Immigration Nationality Act (INA). The CSPA helped alleviate some of the recurring issues stemming from those classified as children for purposes of immigration.
Previously, under immigration law, an immigrant child under the age of 21 could “age out” of potential immigration benefits and, as a result, never obtain legal permanent resident status or citizenship to which they were lawfully entitled. The aging out would occur whenever individuals turned 21 prior to their applications being adjudicated; this occurred because backlog in the system was so severe that it could take up to several years to have their application reviewed. If this occurred, the immigrant could not be considered a child for immigration purposes. As a result, many immigrant children were unable to obtain proper immigration benefits they deserved.
Implementation of the CSPA is important because it helps preserve the immigration classification of children and is designed to help avoid young immigrants from aging out. Under the CSPA, an immigrant child who turns 21 prior to the adjudication of his or her pending application may be able to retain his or her classification as a “child.”
The United States Citizenship and Immigration Services states that, in order to qualify for protection under the CSPA, an individual must:
- Be the beneficiary of a pending or approved visa petition on or after August 6, 2002.
- Not have had a final decision on an application for adjustment of status or an immigrant visa before August 6, 2002.
- “Seek to acquire” permanent residence within 1 year of a visa becoming available.
Failure to adhere to these rules could lead to a finding that the child had aged out and is not eligible to have preserved his or her age.
The CSPA applies to different immigrant categories seeking to adjust status. However, under current immigration law, different categories may have different requirements. For example, refugee and asylee children will qualify under the CSPA so long as they remain unmarried.
Contact a New Jersey Immigration Attorney Today
Ronald Mondello is an experienced immigration attorney who will evaluate your case and help determine whether or not you are eligible for the protections under the CSPA. It is important that you seek the skilled counsel of a knowledgeable attorney to ensure that you are not unfairly prejudiced due to the complexities of the current immigration system. Call 201-703-9400 today for more information.
