Child age protection is available to families filing for USA green card. The child age protection rules are as complex as they can get.
Even though the rules have been laid out by USCIS on their website, it is still confusing for many people to calculate their son’s or daughter’s age.
Do not worry, we have got an app to help you.
You can simply add your i-140/i-130 information to find the CSPA age for your child.
- Your child’s I-130 application if filing a family-based or
- Parent’s i140 information if filing in employment-based category
This article will discuss:
CSPA Calculator App
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USCIS uses the ‘Final Action‘ chart in their monthly visa bulletin for finding the CSPA age for your child.
#1 Child Unmarried
The child should remain unmarried at the time of filing the I-130 (family-based green card) and at the time of filing the i-485 application.
#2 CSPA age less than 21
The child’s CSPA age should be less than 21 if the real current age is more than 21 to be eligible for green card approval.
#3 Date Current in Final Action Chart
Your priority date should be current in the ‘Final Action’ chart to be eligible for CSPA law protection.
If your date was current only in the ‘Date of Filing’ chart in the past and you filed either i-485 (green card adjustment of status) or DS-260 immigrant visa application at the US embassy, then you will not be eligible for CSPA age lock.
Many people file employment-based green card downgrades if their EB2 dates get current in the EB2 DOF chart. They are not eligible for CSPA until the date actually gets current in the Final action chart at least once.
#4 Sought to Acquire Requirement
You must file i-485 or DS-260 once your PD date getting current.
The “sought to acquire” means filing the green card application within 1 year of PD date getting current.
For counting the one year:
- Your PD date should remain current continuously for 12 consecutive months.
- If the date retrogresses anytime in the consecutive 12 months, the 1 year counter resets.
- The 1-year timer restarts as and when your PD date gets current again.
If you filed the i-485, DS-260, or I-824 anytime before or within the first consecutive 12 month period ended, you are eligible for CSPA. The app automatically checks and calculates the 12 months (or 1 year) period for you.
The CSPA calculator app will tell you if you have met the 1 year sought to acquire the requirement of not by looking at all past visa bulletins and your child’s priority date.
EB2 to EB3 Downgrade – Do not File i140 Premium
We strongly advise you to file EB2 to EB3 i-140 downgrade in regular and not upgrade to premium if you have H4 dependent kids.
The CSPA age protection rules take into account the time i140 was pending for employment-based cases. Hence, it will work out in your favor if your EB3 i-140 stays pending for as long as possible.
The time EB3 i-140 stays pending will be deducted from your H4 kid’s age to reach the CSPA age.
If you upgrade your EB3 i-140 to get approval within 15 days, you will only be able to deduct a limited number of days.
- If your PD date is close to the current Final action date and is within 180 days distance, then you can upgrade to premium.
- If your PD date is more than 180 days away from the current final action date, we suggest you keep i-140 pending in the regular queue.
Immigration lawyer Shusterman explains the various cases for calculating CSPA age for your child:
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USCIS does not allow the CSPA protection if your green card priority date has never been current in the ‘Final Action’ chart.
Hence, if you are filing your EB3 i140 and i485 using the date of filing chart, your child will not be eligible for CSPA age lock protection.
CSPA age is a number that USCIS will use instead of the child’s real age.
CSPA age is useful if your child has grown older than 21 years and his/her green card application is still pending.
CSPA age protection is available for family, employment, asylum, refugee, and diversity green cards.
CSPA age is useful only if it less than 21. It protects kids from aging out if their USA green card application is pending when they turn 21.
If the CSPA age is greater than 21, your child cannot be treated as your dependent and hence is not eligible for a green card.