| Question: I know that the Child Protection Act has | | | | U.S. Citizen? |
| been passed on August 6, 2002. However, I am still | | | | Answer: In that case, the critical date that will |
| confused if I fall under this provision. Can you help to | | | | determine if you are a child who will not age-out will be |
| clarify? | | | | the date your parent became a U.S. Citizen, not the |
| Answer: Yes. The Child Status Protection Act (CSPA) | | | | date the I-130 was filed. For example, let us say that |
| makes certain allowances for people who have | | | | the I-130 was filed when you were 18, and your parent |
| become older than 21 years old, but can still have their | | | | naturalized when you were 20 year old. In this |
| applications processed as though they are under 21 | | | | example, even if the adjustment was not done until |
| years old. | | | | after you were 21 years old, you would be considered |
| IMMEDIATE RELATIVES: The first category is | | | | to remain at 20 years old and therefore, not to have |
| Immediate Relatives. These people will be able to be | | | | aged-out when you turn 21 years old. It makes it |
| considered to be able to immediately apply to adjust | | | | critically important that your parent become a U.S. |
| their status to that of a Lawful Permanent Resident, | | | | Citizen right way if they are eligible if you happen to be |
| even though they may be over 21 years old. If you are | | | | less than 21 years old. |
| in the U.S. and want to adjust your status to that of a | | | | Question: What if my parent is not eligible to become a |
| Lawful Permanent Resident, there are a couple of | | | | Naturalized U.S. Citizen? Can I still avail of the CSPA? |
| grounds upon which to do this under the Immediate | | | | Answer: In this case, the date that the Immigration and |
| Relative provisions of the CSPA. | | | | Naturalization Service will look at to determine if a |
| If you are under 21 years old when a petition is filed for | | | | person is a 'child' under the CSPA will not be when the |
| you by your U.S. Citizen parent, you will be considered | | | | I-130 is filed, nor when the parent would become a U.S. |
| to have not 'aged-out' even if your status is not | | | | Citizen, but rather, when the priority date becomes |
| adjudicated until after you are 21 years old. The critical | | | | current. It is critically important that if you fall under this |
| factor will be when the initial I-130 is filed. It is how old | | | | category, that you make certain that you file for |
| you are on the date the I-130 is filed that will determine | | | | Adjustment of Status within ONE year of the priority |
| if you remain a "child" for purposes of not 'aging-out'. | | | | date becoming current. Otherwise, you cannot fall |
| Question: What if my parent was a Lawful Permanent | | | | under the provisions of the CSPA. |
| Resident when the I-130 was filed, and later became a | | | | |