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Questions and Answers: USCIS Issues Revised Guidance on the Applicability of the Child Status Protection Act (CSPA)
The Child Status Protection Act (CSPA) amended the Immigration Nationality Act by changing how an alien is determined to be a child for purposes of immigrant classification. The Act permits an applicant for certain benefits to retain classification as a “child,” even if he or she has reached the age of 21.
Questions & Answers
Q: What is the Child Status Protection Act (CSPA)?
Q. How does CSPA work?
Q. What are the general requirements to benefit from CSPA?
A. Several requirements must be met to be eligible for CSPA age out protection:
Q. Are people who did not file an application for permanent residence within one year of the visa becoming available still able to apply under CSPA?
A. Generally, no. However, because of the recent change in interpretation of the CSPA, USCIS will permit certain individuals to apply outside of this one year period.
Individuals that are eligible to apply for permanent residence under CSPA after one year of a visa becoming available include:
Q. What can I do if I had an application for permanent residence that was denied because I aged out?
A. If you would have been eligible for CSPA protection under the revised guidance, you can file a Motion to Reopen/Reconsider with the office that denied the application with no fee if you meet the following requirements:
When an application is denied, the applicant receives a written decision that cites the section of law and describes why the alien is not eligible for the benefit. An application may be denied for one reason or for multiple reasons. If an application was denied for more than one reason including aging-out or for any reason other than for aging out, the alien is not eligible to file a motion to reopen under the new guidance.
Q. Is there a deadline to file under the new guidance?
Last Reviewed/Updated: 06/15/2009