CSPA -- Child Status Protection Act
In the immigration categories where a child can immigrate as a derivative of the petition ﬁled for his/her/their father or mother, the child must immigrate while under 21 years old. Once the child turns 21, he/she/they ages out and would need their own immigration petition in order to immigrate.
Because most of the categories under which a child can immigrate as the derivative of the petition ﬁled for his/her/their parent are backlogged, this creates a problem, as the child must be under 21 years old at the time they actually get the green card.
In an eﬀort to partially address this problem, Congress passed the Child Status Protection Act. This act can freeze the child’s age under 21 years old under some circumstances, allowing the child to immigrate with the parent, even though in reality the child is over 21 years old.
For family and employment based petitions, the calculator below will give you an idea of whether or not the child would qualify to have his/her/their age frozen under 21 for immigration purposes. For the family based petitions, the petition is the the I-130, and for the employment based petitions, it is either the I-140 or the I-360, depending on which one is applicable to the case. The date the visa became available is the ﬁrst day of the month for which the priority date report shows the visa priority date is current.
Please note that the ﬁnal determination is that made by USCIS and/or the Department of State.