In 2002, The Child Status Protection Act (CSPA) was created to provide relief young people who turned 21 years old before the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) approving their green card, asylum, and refugee applications. A child “ages out” when he or she becomes 21 and loses the opportune immigration treatment given to children. The primary goal of the CSPA is to protect this status.
What Are the Qualifications?
Any child or immediate relatives of a United States citizen, who filed the application before turning 21 and are unmarried are considered eligible. These qualified individuals are entitled to a multitude of benefits, such as given priority status to expedite the immigration process. As long as USCIS didn’t make any final judgment of Form I-130 before August 6, 2002, there is no closing window for the child to formally apply for a green card by submitting either Form I-824, Application for Action on an Approved Application or Petition. If the child is already in the United States legally, then he or she must submit Form I-485, Application to Register Permanent Residence or Adjust Status.
The following are the requirements children must meet:
- Any children born to married parents
- Any stepchildren who were under the age of 18 at the time of the parents’ marriage (must remain married)
- Natural-born children to unmarried parents and the father recognize paternity
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The Immigrants’ Lawyer serves clients around the globe from our office in Phoenix, AZ, as well as online and through e-mail. With more than 15 years of legal experience and a plethora of successfully handles cases under our belt, we are confident in providing the services you need to help your family become legal citizens of the United States.
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