Understanding the Child Status Protection Act

How to Calculate You and Eligibility

In immigration, there are two types of ages: biological age and immigration age. Biological age is the person’s age based on their date of birth. Immigration age is the applicant’s age based on the date when an immigrant visa becomes available.

In general, the CSPA prescribes a calculation called the “CSPA age” formula, which is expressed as follows:

CSPA age = (Child’s age when the visa becomes available) – (Time the petition was pending)

However, each category of immigration has its own set of rules and calculations. Here are some examples of CSPA age calculation for different categories:

Immediate Relatives

These are children of U.S. citizens who want a green card. The CSPA formula is:

Child’s age – Pending Time = Child’s CSPA Age

Pending time refers to the period between filing a petition and its approval. For instance, if you are 21 years and 4 months old when you become eligible for an immigrant visa. If it took 6 months for your petition to get approved, your CSPA age would be:

21 years and 4 months – 6 months = 20 years and 10 months. This makes you eligible as a child.

Family and Employment Preference

These are children of lawful permanent residents (LPRs) who are seeking a green card in one of the preference categories.

The CSPA formula used in this category is:

Child’s age – Pending Time – Retention Time = child’s CSPA Age.

Retention time refers to the period when the visa is unavailable after the petition has been approved. Let’s say you can get an immigrant visa on your 25th birthday. However, your petition takes 5 years to get approved, and then it takes an additional 2 years to get a visa number.

In this case, your CSPA age would be:

25 years – 5 years – 2 years = 18 years. This means you are eligible as a child.

Refugees and Asylees

They are children of refugees or asylees who are seeking a Green Card based on their parent’s status. In this scenario, the CSPA formula works as follows:

Biological Age – Asylum/Refugee Status Time = child’s CSPA Age.

Asylum/refugee status time begins when the parent obtains refugee status and continues until they secure an immigrant visa for the child. So, if you are 23 years old when you become eligible for an immigrant visa and if your parent obtained asylum status 3 years ago, your CSPA age would be:

23 years – 3 years = 20 years. This means you are eligible as a child.

 

Nonimmigrant K Visas

The CSPA does not cover K nonimmigrants. However, there are certain limited circumstances under which K-2 and K-4 nonimmigrants may still benefit from the CSPA. To be eligible for the CSPA under a K-2 or K-4 status, you must be the beneficiary of Form I-130, Petition for Alien Relative.

For K-2 visa holders, their age “freezes” on the date their stepparent files Form I-130. They may benefit from the CSPA as long as their stepparent files Form I-130 before their 21st birthday.

To qualify as a stepchild on a K4 visa, the marriage between your U.S. citizen stepparent and your K-3 nonimmigrant parent must take place before your 18th birthday. Like the K-2, your age “freezes” on the date the Form I-130 is filed, so you can benefit from the CSPA as long as your stepparent files the Form I-130 before your 21st birthday.

Let’s say you are 21 years and 2 months old when U.S. Citizenship and Immigration Services (USCIS) approves your parent’s petition. If USCIS received the petition 8 months ago, then your CSPA age would be:

21 years and 2 months – 8 months = 20 years and 6 months. This makes you eligible as a child.