Thursday, May 8, 2008

USCIS Issues Revised Guidance on Child Status Protection Act

U.S. Citizenship and Immigration Services today issued guidance that will modify its earlier interpretation of the Child Status Protection Act (CSPA) which permits applicants for certain immigration benefits to retain classification as a child even if he or she has reached the age of 21. The guidance changes how USCIS interprets the applicability of the CSPA to aliens who had aged out prior to the enactment of the CSPA on August 6, 2002.

Under prior policy guidance, USCIS considered an alien beneficiary of a visa petition that was approved before August 6, 2002 to be covered by the CSPA only if the beneficiary had filed an application for permanent residence (either adjustment of status or an immigrant visa) on or before August 6, 2002, and no final determination had been made on that application prior to August 6, 2002.

This new policy extends CSPA coverage to aliens who had an approved visa petition prior to the enactment of CSPA but who did not have a pending application for permanent residence on the date of enactment of the CSPA. Aliens who were ineligible under the prior policy and who subsequent to the enactment of the CSPA never filed an application for permanent residence may file an application for permanent residence to take advantage of this new interpretation. Aliens who filed an application for permanent residence after the enactment of the CSPA and who were denied solely because they had aged out may file motions to reopen or reconsider without a filing fee.

This link includes further information on this issue, including a link to a Fact Sheet with questions and answers as well as the guidance issued to USCIS field leadership.


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My client has an approved I 130 petition in March 1993 when he was 13. He is still unmarried and no 32 years old. Does the revisions to the CSPA help him?

Posted by: pascual madrigal | Jun 2, 2008 1:28:57 PM

have approval I130 on 03-23-2000 and approved 05.30.2002 which my daugher was in our file which was about 19 years. On 22.11.2005 receiving confirmation about the above file which her name was in our file .but in the last letter which we received on 2008 her name has been deleted . Pls advise if we can use from this revision to the CSPA> Tks for your assistance

Posted by: hrach mirinjian | Jun 14, 2008 5:03:45 AM

pls advise if I can use the above update revised guidance on child status protection act.
our i130 petition filed on 03/23/2000 and approved 05/30/2002 which she was about 19 years old. receiving confirmation letter on november 2005 which my daughter name was as one of case member. receiveing letter on 1/5/2008 for interview which her name has been deleted from the case. our interview was 6/1/2008 . pls advise how can I get green card for her and use the above guidance. tks

Posted by: alice sardarbegians | Jun 14, 2008 5:23:57 AM

What news about the complain for cspa? and do you improve or not?

Posted by: Hraj Mirinjian | Jul 21, 2008 8:08:07 AM

I filed a I-130 for my stepson in Rio Brazil in may of 2004. I was asked for more information at the intervew an was told his case was pending. I faxed the info as aked to 3days later from the US. in 2006 I was told hed did not respond to a letter to come to Rio with documentation. He never recived it. In Feb 2007 he would turn 21 and will be considerd " aged out" . But may be eligable for CSPA and we would be notified if he was and if not it would take another 3years now three yeats later they tell me his file was aproved for CSPA but was closed due to Non responce. As I understand the law I was suposed to file an I-185 but neved did because my stepson or I were never notifed of his vias avalibility even though I tried on several ocasions to check on it . Q Does he have a chance for imediate CSPA under the 2008 revishion??

Posted by: martin Acampora | Mar 1, 2010 9:08:06 AM

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