What is Cspa immigration?

The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. Instead, CSPA provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes. …

When does CSPA apply to adjustment of status?

CSPA does not apply to adjustment applications that were subject to a final determination prior to the effective date. However, if the qualifying underlying form was approved prior to the effective date, an applicant who applies for adjustment of status after the effective date may still qualify for CSPA coverage.

When do you become a beneficiary of the CSPA?

Must be the beneficiary of a pending or approved visa petition on or after August 6, 2002. The beneficiary must not have had a final decision on an application for adjustment of status or an immigrant visa before August 6, 2002.

Can a K4 alien apply for the CSPA?

The CSPA does not apply to aliens obtaining K2 or K4 nonimmigrant visas or extensions. An alien in K4 status may utilize the CSPA upon seeking adjustment of status because a K4 alien seeks to adjust as an IR on the basis of an approved Form I-130, which is filed under section 204 of the Act.

What is the formula for calculating CSPA age?

The formula for calculating CSPA age is as follows: While an applicant must file an adjustment application or otherwise seek lawful permanent resident status in order to benefit from CSPA, the date the applicant files an adjustment application is not relevant for the CSPA age calculation. [24]

What is the sought to acquire requirement for CSPA?

Sought to Acquire Requirement. In order to benefit from CSPA as a family preference (including VAWA), employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you. This is referred to as the “sought to acquire” requirement.

How is the age of a CSPA petition determined?

The formula for calculating CSPA age is as follows: Age at Time of Visa Availability – Pending Time = CSPA Age. Example: You are 21 years and 4 months old when an immigrant visa becomes available to you. Your petition was pending for 6 months. Your CSPA age is calculated as follows:

How does the child status Protection Act ( CSPA ) work?

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 calculated age is the child’s “CSPA age.” This allows some people to remain classified as children beyond their 21 st birthday.