Sundaymail EditorU.S. immigration law allows the children of parents who filed a petition with United States Citizenship and Immigration Services (USCIS) to preserve immediate relative status. The Child Status Protection Act (CSPA) makes this possible. Below, we’ll evaluate the eligibility criteria for CSPA benefits and how CSPA affects the children of U.S. citizens and Green Card holders.
Eligibility Criteria and How CSPA Affects Children of U.S. Citizens
A child is eligible to preserve through CSPA if:
- The parents file , prior to the child turning 21 years old.
- The child does not marry before turning 21. If the child does marry, they will be transferred to the F3 visa category, which is subject to significantly long wait times. If the child marries and then divorces before turning 21, they may still preserve their immediate relative status.
Essentially, if the U.S. citizen parent files Form I-130 before the child turns 21, the child will never “age out” of their immediate relative status.
Eligibility Criteria and How CSPA Affects Children of Green Card Holders and Derivatives
Many lawful permanent residents (Green Card holders) enter the United States with the intention of naturalizing, meaning becoming a U.S. citizen. If the parent who holds a Green Card naturalizes, their child under 21 may preserve their immediate relative status through CSPA; however, the parent must file a separate Form I-130.
The following individuals’ age will be reduced by the amount of time I-130 is pending:
- Unmarried children under 21 of Green Card holders (F2A visa)
- Derivative children under 21 in other family preference categories (F1, F3, F4 visas)
Similarly to the children of U.S. citizens, if a child under 21 marries, they will be moved to the F3 visa category.
Eligibility Criteria and How CSPA Affects F2B Beneficiaries
The unmarried children of lawful permanent residents whose parents filed Form I-130 may choose if they’d like to remain in the F2B category or change to the F1 category for unmarried sons and daughters over 21 years old.
In this case, it would be wise to stay in the F2B category, as this category’s wait time is currently shorter than the F1 category at the time this article was published.
Looking for more information about CSPA? Visit the full, comprehensive to find more details and examples of CSPA immigration cases.
Bongani Ndlovu
Online Reporter