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How Do
I Prevent My Child From Losing Benefits at Age 21 ("Aging Out")?
What is an "Aging Out" case?
Does The Child Status Protection Act (CSPA) prevent
my child from "Aging Out?"
What is an "Aging
Out" case?
An "Aging Out" case is a situation referring to a person's
petition to become a permanent legal resident as a "child"
(for definition please see child
as defined in the Immigration and Nationality Act), and in the time
that passes during the processing of the application, the "child"
turns 21, and "Ages Out."
Under immigration law, a person wishing to become a permanent resident
based upon his or her status as a "child" must meet the
definition of child as found in the Immigration and Nationality
Act. In general, this person must be unmarried and under the age
of 21. Prior to the passage of The Child Status Protection Act (CSPA)
on August 6, 2002, if the child turned 21 years of age before his
or her adjustment of status was completed, the child "aged
out" and could not become a permanent resident.
Does The Child Status Protection
Act (CSPA) prevent my child from "Aging Out?
If you are a United States Citizen petitioning on behalf of your
child, yes, the CSPA prevents your child from "Aging Out."
If you are a Legal Permanent Resident petitioning on behalf of your
child, a formula for timing is clarified in the September 20, 2002,
CSPA
memo for you to review.
The CSPA was enacted on August 6, 2002. This law amends the Immigration
and Nationality Act by changing how an alien is determined to be
a child for purposes of immigrant classification. This law changes
who can be considered to be a "child" for the purpose
of the issuance of visas by the Department of State and for purposes
of adjustment of status of aliens by the U.S. Citizenship and Immigration
Services (USCIS).
Under the CSPA, if you are a United States citizen and you file
a Form I-130, Petition for Alien Relative, on behalf of your child
before he or she turns 21, your child will continue to be considered
a child for immigration purposes even if the USCIS does not act
on the petition before your child turns 21.
Under the CSPA, if you are a lawful permanent resident and you
file a Form I-130 on behalf of your child before he or she turns
21, your child's age will be determined using the date that the priority date of the Form I-130
becomes current, minus the number of days that the Form I-130 is
pending. In addition, your child must seek to acquire the status
of a lawful permanent resident within one year of visa availability.
This provision also applies to derivative beneficiaries on family-based
and employment-based petitions.
For a more detailed explanation of the CSPA, please review both
the guidance memos, H.R.
1209 ?The Child Status Protection Act, August 7, 2002, and The
Child Status Protection Act, September 20, 2002, on this matter.
If you need further information, please call customer service at
800-375-5283. |
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CSPA