Understanding Child Status Protection Act- CSPA: "Children Aging Out of U.S. Visa Petition"

U.S. immigration law defines a child as a person who is both unmarried and under 21 years old. If someone applies for a Green Card as a child but turn 21 years before being approved for Green Card, that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that such applicant would have to wait longer to get a Green Card, or may even be denied and found ineligible for a Green Card. This situation has become more common in the last decade because of the massive applications USCIS and US consulates receive each day, leading to massive backlogs especially since after Covid-19 pandemic. 

Congress recognized this problem and enacted the Child Status Protection Act (CSPA) in 2002 to protect certain children from aging out. CSPA provides a method for calculating a person's age to see if they meet the definition of a child for immigration purposes. The calculated age is the child's “CSPA age.” This allows some people to remain classified as children beyond their 21st birthday. However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.

Sometimes U.S. immigration officers misapply the law and change a child's visa class or deny Green Card application because a child has turned 21 years even when the child should qualify under CSPA. We have helped our clients get their green card despite turning 21 years while their visa petition is pending. If you or anyone you know has a child that may benefit from this information, please contact our office for a free consultation.