Child in the Eyes of Immigration - Updated Guidance from USCIS

The USCIS, on June 15, 2009, issued updates on guidance regarding the applicability of the Child Status Protection Act (CSPA). The CSPA is used to determine whether an alien is a child for purposes of immigrant classification. The general rule is that an applicant for certain benefits may retain classification as a "child" even if he/she has reached the age of 21, known as "aging out."

If you are an immediate relative of a naturalized US citizen, the child's age freezes at the time the visa petition (Form I-130) is filed. If a child becomes an immediate relative through the petitioner's naturalization or the termination of the beneficiary's marriage while the beneficiary is under 21, the child's age freezes on the date this action occurred.

In addition, the CSPA allows the time a visa petition was pending to be subtracted from an applicant for permanent resident or a derivative applicant. This time is subtracted from the person's biological age so that the applicant is not penalized for the time in which the USCIS did not adjudicate the petition.

For a full copy of the USCIS issued Guidance, please click here.