The Child Status Protection Act (CSPA) is an amendment to the Immigration Nationality Act (INA), which changes the definition of a “child” for the purposes of immigrants in certain situations. Under the CSPA, certain beneficiaries can retain the status of “child,” even if they have reached the age of 21. Prior to the enactment of CSPA, an unmarried individual who turned 21 at any time prior to obtaining permanent resident status was no longer considered to be a child for the purposes of immigration laws. Due to large case backlogs and processing times for visas, Congress realized that many children were aging out prior to receiving permanent residence. The intention of CSPA was to remedy this problem by preserving classification of these immigrants as children for the purposes of immigration; more specifically, CSPA protects “child status” for family-based immigrants, employment-based immigrants, and some immigrants seeking humanitarian relief. In order to be eligible for relief under the CSPA, the immigrant must be a beneficiary of a pending or approved visa petition dated August 6, 2002, or later. The beneficiary also must not have had a final decision on an application for adjustment of status or an immigrant visa before August 6, 2002. Finally, the beneficiary must file an application to obtain permanent resident status within one year of a visa becoming available, whether he or she does so through an application for action on an approved application or petition, an application to register permanent residence or adjust status, or an application for immigrant visa and alien registration from the Department of State. However, a beneficiary may be able to still seek permanent resident status beyond one year of a visa becoming available if all of the following conditions are true:

  • He or she is a beneficiary of a visa petition approved prior to August 6, 2002.
  • He or she did not received a final decision on an application for permanent residence or immigrant visa based on that petition prior to August 6, 2002.
  • The visa became available on or after August 7, 2001.
  • He or she meets all other requirements for being eligible for relief under the CSPA.

When you or a loved one are detained and face deportation for any reason, Landerholm Immigration, A.P.C. is here to help. We care about you, your family, and your ability to remain in the U.S. As a result, our California deportation defense lawyers stand ready to build the strongest possible deportation defense case on your behalf. Contact your Oakland immigration lawyer today and learn how we can advocate for you and your family in your deportation proceedings.