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Immigration Law
Case Introduction
Case No. IO-010
CSPA Application (Derivative Children)
Brief Introduction

A “child” is defined in the Act as an unmarried person under the age of 21. Prior to the enactment of the CSPA on August 6, 2002, anyone who turned 21 at any point prior to receiving permanent residence could not be considered a child for immigration purposes. This situation is described as “aging out.” Congress recognized that many people were aging out because of large backlogs and long processing times for visa petitions. CSPA is designed to protect an individual’s immigration classification as a child when the person aged out due to excessive processing times.

Things to Know

1. Derivative children in all family and employment-based preference categories (F1, F2, F3, F4, and Employment-based categories).
CSPA allows the time a visa petition was pending to be subtracted from an applicant for permanent residence’s biological age so that the applicant is not penalized for the time in which USCIS did not adjudicate the petition.
2. Several requirements must be met to be eligible for CSPA age out protection:
a) The child must have been the beneficiary (principal or derivative) of a pending or approved visa petition on or after August 2, 2002.
b) The child must not have had a final decision on an application for adjustment of status or an immigrant visa before the date of enactment of the CSPA.
c) The child must “seek to acquire” permanent residence within one year of a visa becoming available.
USCIS interprets “seek to acquire” as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child’s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State. The date of visa availability means the first day of the first month a visa in the appropriate category was listed as available in the Department of State’s visa bulletin or the date the visa petition was approved (if a visa was already available in that category).

Filing Fee


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Service Details

1. Provide “CSPA” questionnaires
2. Provide document checklist
3. Review the personal circumstances and calculate CSPA age
4. Confirm that the CSPA Application is appropriate for the child
5. Guide you to prepare supporting documents
6. Compose application letter/cover letter according to US immigration law
7. Submit your application with USCIS/NVC/Consulate and keep your file
8. Keep correspondence with USCIS./NVC/Consulate
9. Keep you informed of the case status
10. Assist you in response to Request for Evidence, if any

Service Fee

This service fee is the basic reference price, which may be adjusted case by case.

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Free Consultation will provide the clients with answers to general questions, for example, what is the priority date of EB-3 Free Consultation should NEITHER be regarded as legal advice nor analysis on certain cases NOR confirmation of attorney-client relationship. If you need legal advice or analysis on your case, please choose the Attorney Consultation service.

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$300 per hour(charging by hours includes time consumed by reviewing relevant documents, starting charge from an hour).