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Child Status Protection Act for Unmarried/Married Immediate-Relative Children under 21 |
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Child Status Protection Act for Unmarried/Married Immediate-Relative Children under 21 |
Help Desk:
What is the coverage of the Child Status Protection Act for unmarried/married immediate-relative children under 21?
Answer:
Immediate-relative children who were unmarried and under 21 at the time their U.S. citizen parent filed a Form I-130, Petition for Alien Relative, on their behalf are allowed to preserve their immediate relative status upon turning 21. Thus, they will never age out and are still eligible for the immigration benefit for which they applied. Under the prior law, they would have automatically moved into the first-preference category upon turning 21.
Children who were married and under 21 at the time their U.S. citizen parent filed an I-130 on their behalf and who subsequently divorced before turning 21 convert to the immediate-relative category. The CSPA preserves their immediate-relative status when they turn 21.
Children who were unmarried and under 21 at the time their legal permanent resident (LPRs) parent filed an I-130 on their behalf, and whose parent subsequently naturalized before the child turned 21, convert to the immediate-relative category. The CSPA preserves their immediate relative status when they turn 21.
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