The Child Status Protection Act (CSPA) addresses aging out issues related to immigration petitions for children. It allows certain beneficiaries of family-based or employment-based visa petitions to retain their classification as a “child” even if they turn 21 years old while waiting for their visa to become available. A tool often referred to as a “CSPA age calculator” helps individuals determine the age considered by USCIS for these petitions, factoring in various dates related to the petition and application process, like priority date and date of filing.
This legislation is crucial for preserving family unity during lengthy immigration processes. Before its enactment in 2002, many children of legal permanent residents and employment-based visa applicants lost eligibility for immigration benefits simply because they reached adulthood during processing backlogs. The ability to calculate the CSPA age offers transparency and predictability for families navigating the immigration system, facilitating informed decision-making about their options and timelines.
