Age out for child, immigration application child status protection act
Question: My parents applied for me some time ago.
Unfortunately, I’m over 21 years old.
Can I still adjust status for residency or have I aged out?
Answer: The Child Citizenship Protection Act (CSPA) deals with whether or not you will be able to adjust.
The implementation of the CSPA has been through various interpretations of case law and USCIS memos.
Sometimes the CSPA will not protect someone who is over 21 years old, but will still allow for certain other benefits.
This could save years of waiting for the visa number to become current.
Question: I’m not sure I understand.
Can you give an example?
Answer: Take for example a girl named Lisa.
Her aunt filed for her mother 19 years ago and when the visa number became available, Her mother was able to adjust status.
The question then becomes when she can file another adjustment application in order to obtain residency.
Thus, the priority date is current and Lisa can adjust status to that of a Lawful Permanent Resident even though she is over 21 years old and not considered a child under the CSPA.
Question: I also have a friend who is from the Philippines.
His father originally filed a petition for him under preference 2A because he was under 21 at the time and his father was a Lawful Permanent Resident.
Afterwards, He aged out and I believe the preference category changed to 2B as he was now a son over 21 of a Lawful Permanent Resident.
His father then became a U.S. Citizen and I believe the preference of the petition changed to the first preference because he was now the son of a U.S. Citizen.
The question is whether he can use the CSPA to opt out of the first preference and stay in Preference 2B (son of an LPR),
Answer: Previously, the answer was no.
However, That policy has now changed and a person can still elect out of the first preference even though they had a petition originally filed under preference 2A,
Not preference 2B.
As you can see,
However, If there is a chance you would fall under the provisions of the CSPA,
You should definitely take advantage of it.
