Your mother filed a petition for you on Feb. 1, 2016. The formula determining the length of time the petition was pending is as follows:Īpproval Date - Filing Date = Pending Time The length of time a petition was pending (pending time) is the number of days between the date that it is properly filed (filing date) and the approval date. You must check the USCIS website to determine which of the 2 charts (Dates for Filing or Final Action Dates) from the Department of State (DOS) Visa Bulletin you may use to file an adjustment of status application.įor DVs, the date a visa is considered available for CSPA purposes is the first day on which the DOS can allocate a visa number based on the principal applicant’s rank number.
The first day of the month of when USCIS considers a visa available for filing an adjustment of status application based on your immigrant preference category, country of chargeability, and priority date. The date the visa is considered available is the later of these 2 dates: Calculate your CSPA age as follows:Ģ1 years and 4 months - 6 months = 20 years and 10 months You are 21 years and 4 months old when USCIS considers an immigrant visa available to you. However, you must remain unmarried in order to qualify.Īge at Time of Visa Availability - Pending Time = CSPA Age If you are a family preference (including VAWA self-petition), employment-based preference, or diversity visa (DV) applicant, calculate your CSPA age by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). Form I-730, Refugee/Asylee Relative Petition. #Age limit to filr for immigration registration#
Form I-590, Registration for Classification as a Refugee or. Form I-589, Application for Asylum and for Withholding of Removal. Form I-526, Immigrant Petition by Alien Entrepreneur. Form I-140, Immigrant Petition for Alien Worker. Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. Form I-130, Petition for Alien Relative. If you are applying for a Green Card based on one of the categories above, you are eligible for CSPA consideration if either your qualifying Form I-485, Application to Register Permanent Residence or Adjust Status, or one of the following underlying forms was filed or pending on or after Aug. 6, 2002: Diversity Immigrant Visa (DV) derivative applicants. Employment-based preference derivative applicants. Violence Against Women Act (VAWA) self-petitioners and derivative applicants. Family-sponsored preference principal applicants and derivative applicants. Immediate relatives (including derivatives of widow(er)s). However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.ĬSPA applies only to the following people: The calculated age is the child’s “CSPA age.” This allows some people to remain classified as children beyond their 21 st birthday. Instead, CSPA provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes. The CSPA went into effect on August 6, 2002.ĬSPA does not change the definition of a child. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.Ĭongress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. 
If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. Please see the Filing Fees page for more information.
You must submit the correct filing fee for each form unless you are exempt or eligible for a fee waiver. Note: Certain forms, including Form I-290B, have a filing fee. For more information, see Volume 7, Part A, Chapter 7, Part F, Section 2, of the USCIS Policy Manual.
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