Child Status Protection Act (CSPA) -how are we going to benefit?

[raccharambola]

 

Source: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

Alert: On Feb. 14, 2023, USCIS issued policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for the purpose of calculating Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status in a preference category. This guidance is effective immediately and applies to adjustment of status applications we adjudicate on or after Feb. 14, 2023. 

 

If we previously denied your adjustment of status application, but you believe your CSPA age calculation is under 21 under this policy guidance, you may file a motion to reopen your application using a Notice of Appeal or Motion (Form I-290B). Noncitizens must generally file motions to reopen within 30 days of the decision. For a motion filed more than 30 days after the denial, if the noncitizen demonstrates that the delay was reasonable and was beyond their control, we may, in our discretion, excuse the untimely filing of the motion. 

For more information, see Volume 7, Part A, Chapter 7, Part F, Section 2, of the USCIS Policy Manual.

Note: Certain forms, including Form I-290B, have a filing fee. You must submit the correct filing fee for each form unless you are exempt or eligible for a fee waiver. Please see the Filing Fees page for more information.

 

The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.

Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. The CSPA went into effect on August 6, 2002.

CSPA does not change the definition of a child. Instead, CSPA provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes. The calculated age is the child’s “CSPA age.” This allows some people to remain classified as children beyond their 21^st birthday. However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.

[mettastar]

Ageing out kids ki benefit

[akkum_bakkum]

22 minutes ago, raccharambola said:

 

Source: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

Alert: On Feb. 14, 2023, USCIS issued policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for the purpose of calculating Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status in a preference category. This guidance is effective immediately and applies to adjustment of status applications we adjudicate on or after Feb. 14, 2023. 

 

If we previously denied your adjustment of status application, but you believe your CSPA age calculation is under 21 under this policy guidance, you may file a motion to reopen your application using a Notice of Appeal or Motion (Form I-290B). Noncitizens must generally file motions to reopen within 30 days of the decision. For a motion filed more than 30 days after the denial, if the noncitizen demonstrates that the delay was reasonable and was beyond their control, we may, in our discretion, excuse the untimely filing of the motion. 

For more information, see Volume 7, Part A, Chapter 7, Part F, Section 2, of the USCIS Policy Manual.

Note: Certain forms, including Form I-290B, have a filing fee. You must submit the correct filing fee for each form unless you are exempt or eligible for a fee waiver. Please see the Filing Fees page for more information.

 

The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.

Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. The CSPA went into effect on August 6, 2002.

CSPA does not change the definition of a child. Instead, CSPA provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes. The calculated age is the child’s “CSPA age.” This allows some people to remain classified as children beyond their 21^st birthday. However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.

US citizen kids vunna vallaki 0 impact.