Child status protection act

Child Status Protection Act of 2002

Child status protection act. The immigration services done here will be to determine if the adult is a ‘child’ under the CSPA and their age was locked in by the CSPA to be under 21 years old. A new law, was signed into law by the President on AUGUST 6, 2002 and effective on that date. It also provides initial interpretative guidance regarding it, as well as procedures to be used to implement it. The new law radically changes the process for determining whether a child has “aged out” for the purpose of the issuance of visas and the adjustment of status of aliens in most immigrant categories.

RULES FOR DETERMINING WHETHER CERTAIN ALIENS ARE CHILDREN-
(1) IN GENERAL- For purposes of subsections (a)(2)(A) and (d),
(A) the age of the alien on the date on which an immigrant visa number becomes available for such alien or in the case of subsection (d), the date on which an immigrant visa number became available for the alien’s parent), but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition described in paragraph (2) was pending.
(2) PETITIONS DESCRIBED- The petition described in this paragraph is– (A) with respect to a relationship described in subsection (a)(2)(A),
A petition filed under section 204 for classification of an alien child under subsection (a)(2)(A); or (B) with respect to an alien child who is a derivative beneficiary under subsection (d) A petition filed under section 204 for classification of the alien’s parent under subsection (a), (b), or (c).
(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(4) and (d) The alien’s petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition.’
SEC. 4. USE OF AGE ON PARENT’S APPLICATION FILING DATE IN DETERMINING ELIGIBILITY FOR ASYLUM.
Section 208(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(3)) is amended to read as follows:
(3) TREATMENT OF SPOUSE AND CHILDREN-
(A) IN GENERAL- A spouse or child (as defined in section 101(b)(1) (A), (B), (C), (D), Or (E)) of an alien who is granted asylum under this subsection may if not otherwise eligible for asylum under this section,
Be granted the same status as the alien if accompanying or following to join such alien.
(B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDREN- An unmarried alien who seeks to accompany or follow to join a parent granted asylum under this subsection and who was under 21 years of age on the date on which such parent applied for asylum under this section shall continue to be classified as a child for purposes of this paragraph and section 209(b)(2).
SEC. 5. USE OF AGE ON PARENT’S APPLICATION FILING DATE IN DETERMINING ELIGIBILITY FOR ADMISSION AS REFUGEE.

(B) An unmarried alien who seeks to accompany or follow to join, a parent granted admission as a refugee under this subsection and who was under 21 years of age on the date on which such parent applied for refugee status under this section shall continue to be classified as a child for purposes of this paragraph.
SEC. 6. TREATMENT OF CLASSIFICATION PETITIONS FOR UNMARRIED SONS AND DAUGHTERS OF NATURALIZED CITIZENS.
(k) PROCEDURES FOR UNMARRIED SONS AND DAUGHTERS OF CITIZENS-
(1) IN GENERAL- Except as provided in paragraph (2),
In the case of a petition under this section initially filed for an alien unmarried son or daughter’s classification as a family-sponsored immigrant under section 203(a)(2)(B), based on a parent of the son or daughter being an alien lawfully admitted for permanent residence.
(2) EXCEPTION- Paragraph (1) does not apply if the son or daughter files with the Attorney General a written statement that they elects not to have such conversion occur (or if it has occurred, to have such conversion revoked).
SEC. 7. IMMIGRATION BENEFITS FOR CERTAIN ALIEN CHILDREN NOT AFFECTED.
Section 204(a)(1)(D) of the Immigration and Nationality Act (8 U.S.C.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to any alien who is a derivative beneficiary or any other beneficiary. However, a general interpretation is below. The intent of this legislation (CSPA) is to preserve child status for certain alien children beneficiaries who age-out, and particularly with respect to section 3, age- out because of delays in processing. (This particular provision is only of interest to natives of those few countries (e.g., the Philippines) where the F1 cut-off date is earlier than the F2B cut-off date). The applicant should submit evidence of his parent’s naturalization (a bona fide copy of the naturalization certificate) to establish eligibility for age-out relief under this provision of the CSPA. Section 2 also amends the Act to allow third preference married children of Americans to use the age on the date of the termination of a marriage when applying for a visa. If the alien is under 21 at the time of the termination of his/her marriage, then his/her petition will convert to IR- 2. For example, if the 19 year-old married son of an American petitioner obtains a divorce before attaining 21, as long as he remains unmarried, the son will be classifiable as an IR-2, even if he does not apply for a visa until age 23.
Section 3 of the CSPA applies to:
— F2A principal applicants;
— derivative applicants in all family- and employment-based preference categories; and
— derivative applicants in DV cases.
This section provides relief from age-out by establishing the alien’s age as of the date a visa becomes available for the alien (or the alien’s parent), minus the number of days that the petition was pending. Only those aliens who seek to acquire the status of an alien lawfully admitted for permanent residence within one year of visa availability are eligible for relief under this section.

DV Applicants.
Section 3 also applies to derivative DV applicants. Because the DV process differs substantially from the preference process. However, Treatment of DV derivatives will also be somewhat different. The date the visa becomes available will be the first day on which the Department determines the principal alien’s selection number becomes eligible for visa processing.
V Applicants.
While subject to revision, the Department interprets V visa applicants as ineligible for child status protection under this section. Section 6 of the CSPA addresses the problem encountered by Philippine F2-B applicants whose parents naturalize. Automatic conversion from F2B to F1 at the time of their parent’s naturalization disadvantages these beneficiaries because the cutoff date for Philippine F1s is earlier than the cutoff date for Philippine F2Bs. Although this section continues to allow for the automatic conversion of preference categories when a parent naturalizes. It also permits the son/daughter beneficiary to make a request to the Attorney General that such conversion not occur.