Child Status Protection Act

The Child Status Protection Act (CSPA) was enacted in order to keep immigrant families intact despite family-based and employment-based waiting times which can range up to 22 years or more.

Prior to CSPA, once a child turned 21 years of age, he or she “aged-out” and was no longer able to immigrate (or adjust status) along with his or her family. CSPA eliminates this problem by “freezing the age” of immediate relative children when their petitioning U.S. citizen parent submits a visa petition on their behalf; when a petitioning permanent resident parent naturalizes; or when a married son or daughter who has been petitioned by a U.S. citizen parent becomes divorced or widowed.

CSPA also creates a mathematical formula which allows the amount of time that a visa petition was pending to be subtracted from a child’s age.

What happens if a child “ages-out” despite the mathematical formula? Again, CSPA provides relief for “aged-out” children in the form of an automatic conversion clause. However, this subsection of CSPA is currently being litigated in the Federal Circuit Courts of Appeals.

CSPA is applicable not only to persons who were sponsored for permanent residence after the law took effect, but to many people who were sponsored for green cards prior to August 6, 2002. Therefore, it applies to hundreds of thousands of persons.

” I endorse this lawyer’s work. I’ve known Carl professionally for many years. He is highly respected within the immigration bar. Carl’s online site reflects his knowledge – and his generosity with the public and with the bar. Knowledge, hard work, and empathy combine in Carl to the benefit of his clients and the profession.” (More attorney endorsements…)

- Jay Solomon, Immigration Attorney, Atlanta, GA

We hope that the information provided below assists you in better understanding CSPA, and in keeping your family united.

 

• Success Stories
• CSPA Videos
• Chat Transcript
• CSPA Law & FAQ & Advice
• CSPA Lawsuit (Eleventh Circuit)
• CSPA Lawsuit (Seventh Circuit)
• Nationwide Class Action CSPA Lawsuit (Ninth Circuit)
• CSPA Lawsuits (Fifth Circuit)
• CSPA Lawsuit (Second Circuit)
• CSPA Lawsuit – District Court (Central District of California)
• CSPA Cases Certified to the BIA
• USCIS/INS Guidance
• State Department Guidance
• Federal Court Decisions
• Administrative Decisions
• Practice Advisory Regarding CSPA (AIC)

SUCCESS STORIES

• Reuniting a Family Using the CSPA (July 2008)

CSPA Videos

• How the Child Status Protection Act Can Help You (Part 1)
• How the Child Status Protection Act Can Help You (Part 2)

CHAT TRANSCRIPTS & NEWS ARTICLES

• Immigrants Fight to Bring Adult Children to U.S. (8-25-09)
• A Q&A on the Child Status Protection Act (2002)

CSPA LAW & FAQ & ADVICE

• Child Status Protection Act (H.R.1209)- Signed into law on August 6, 2002
• House Report (107-045) on the Child Status Protection Act of 2001 Child Status Protection Act FAQ
• New Guidance on Child Status Protection Act (June 2008)
• How “Age-Outs” Can Benefit under CSPA (April 2007)
• How CSPA Works with Respect to “Age-Outs” (January 2007)

CSPA LAWSUIT – U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

MEDINA TOVAR v. U.S. ATTORNEY GENERAL

• “Sought to Acquire” Decision (July 19, 2011)

CSPA DECISION – U.S. COURT OF APPEALS FOR THE SEVENTH CIRCUIT

AROBELIDZE v. HOLDER

• “Effective Date” Decision (July 27, 2011)
• Oral Argument (May 2, 2011)

CSPA NATIONWIDE CLASS ACTION LAWSUIT U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

DE OSORIO v. NAPOLITANO

• Amicus Curiae Brief Submitted by AILA and CLINIC (5-11-12)
• Amicus Curiae Brief Submitted by the NIJC and the AIC (5-11-12)
• Amicus Curiae Brief Submitted by Dreamactivist (5-11-12)
• De Osorio v. Napolitano – Petition for Rehearing En Banc Granted (4-20-12)
• Government’s Reply Brief in Opposition to Petition for Rehearing En Banc (11-29-11)
• Court Orders Government to File Reply Brief (11-08-11)
• AIC/AILA Brief in Support for Rehearing En Banc (10-24-11)
• Petition for Rehearing or Rehearing En Banc (October, 17th 2011)
• De Osorio v. Napolitano – Decision (September 2, 2011) (Decision Overturned: See Above)
• Oral Argument (July 15, 2011)
• Appellants’ Reply Brief (October 5, 2010)
• Defendants-Appellees’ Brief in Costelo (August 16, 2010)
• Government’s Unopposed Motion to Consolidate Appeals and Reset Briefing Schedule (June 6, 2010)
• Amicus Curiae Brief for Plaintiffs-Appellants in Costelo (May 25, 2010) Submitted by Mary Kenney for the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA)
• Opening Brief for Plaintiffs-Appellants in Costelo (May 18, 2010)
• Amicus Curiae Brief for Plaintiffs-Appellants in Cuellar de Osorio (April 28, 2010) Submitted by Mary Kenney for the American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA)
• Opening Brief for Plaintiffs-Appellants in Cuellar de Osorio (April 19, 2010)

CSPA LAWSUITS – U.S. COURT OF APPEALS FOR THE FIFTH CIRCUIT

Khalid v. Holder

• Court Denies Government’s Request for a Rehearing En Banc (1-24-12)
• Petitioner’s Response to Respondent’s Petition for Rehearing En Banc (12-29-11)
• Time to File Reply Brief Extended to January 4, 2012 (12-12-11)
• Government’s Petition for Rehearing En Banc (11-14-11)
• Government’s Petition for Panel Rehearing (11-14-11)
• Decision of Circuit Court (September 8, 2011)
• Oral Argument (April 28, 2011)

Wu v. Holder

• Opening Brief (June 10, 2010)
• Amici Curiae Brief Of the AIC and AILA (June 17, 2010)

CSPA LAWSUIT – U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT

LI & CEN v. RENAUD

• Amici Curiae Brief filed by the NIJC (August 31, 2011)
• Petition for Rehearing by Panel or En Banc (August 15, 2011)
• Decision (June 30, 2011)
• Declaration in Support of Motion to File a Post-Argument Letter as Amicus Curiae (June 23, 2011)
• Civil Appeal Pre-argument  Statement (April 27, 2011)
• Petitioner’s Reply Brief (March 10, 2011)
• Appellant’s Brief (Feb 25, 2011)
• AIC/AILA’s Brief in Support of Plaintiffs (Oct 28, 2010)
• Petitioner’s Brief (Oct 22, 2010)
• Appellant’s Reply Brief (Oct 5, 2010)
• Scheduling Notification (July 7, 2010)
• Challenges Interpretation of CSPA by USCIS (April 27, 2010)
• Defendant’s Memorandum (February 11, 2010)
• Plaintiff’s Memorandum (March 11, 2010)
• Defendant’s Reply Memorandum (March 25, 2010)
• Consolidated CSPA Lawsuit (March 3, 2010)- Memorandum and Decision Order
• Wang v. Holder – Complaint in Federal District Court (July 16, 2009)

CSPA LAWSUIT – DISTRICT COURT

• Plaintiffs’ Complaint (June 23, 2008)
• Government’s Motion to Dismiss-Part 1 (September 22, 2008)
• Government’s Motion to Dismiss-Part 2 (September 22, 2008)
• Government’s Proposed Order to Dismiss (September 22, 2008)
• Government’s Exhibit A (September 22, 2008)
• Government’s Exhibit B (September 22, 2008)
• Government’s Exhibit C (September 22, 2008)
• Government’s Exhibit D (September 22, 2008)
• Government’s Exhibit E (September 22, 2008)
• Plaintiff’s Opposition to Defendent’s Motion to Dismiss or Alternative Motion to Hold in Abeyance (November 24, 2008)
• Judge’s Order Denying the Government’s Motion to Dismiss and Granting a Stay of Proceedings (December 2, 2008)
• Plaintiff’s Motion for Summary Judgment (August 31, 2009)
• Government’s Motion for Summary Judgment (August 31, 2009)
• Plaintiff’s Opposition to Government’s Motion for Summary Judgment (September 8, 2009)
• Judge’s Order Denying Government’s Motion to Stay (September 9, 2009)
• Government’s Opposition to Plantiff’s Motion for Summary Judgment (September 14, 2009)
• Plaintiffs’ Reply To Goverment’s Opposition To Plaintiffs’ Motion For Summary Judgment (September 21, 2009)
• Government’s Reply to Plaintiffs’ Opposition to Government’s Motion for Summary Judgment (September 21, 2009)
• Order Granting Consolidation (June 7, 2010)

CSPA CASES CERTIFIED TO THE BIA

MATTER OF WANG

 

• BIA Denial of Motion to Reconsider (May 21, 2010)
• Motion To Reconsider And Request For En Banc Consideration (July 2009)
• BIA Decision (June 16, 2009)
• Notice of Certification and Memorandum for Certification to BIA (March 2008)
• Wang’s Brief to the BIA (April 2008)
• Government’s Supplemental Brief (August 2008)
• Wang’s Supplemental Brief (October 2008)

 

MATTER OF PATEL

• BIA Nonprecedent Decision (January 11, 2011)
• Notice of Certification to BIA, Notice of Action, Decision of USCIS’ California Service Center on I-130,
• Memorandum for Certification (June 2008)
• Patel’s Brief to the BIA (June 2008)
• Government’s Supplemental Brief (August 2008)
• Patel’s Supplemental Brief (October 2008)
• Amicus Curiae Brief (January 2009)

USCIS/INS GUIDANCE

• USCIS Teleconference Recap: Child Status Protection Act (CSPA) – How Is It Working For You? (5-05-11)
• USCIS Guidance on the Applicability of the Child Status Protection Act (6-15-09)
• USCIS Fact Sheet: Revised Guidance on the Applicability Of CSPA (5-06-08)
• USCIS – Revised Guidance for the Child Status Protection Act (4-30-08)
• USCIS: Clarification of Aging Out Provisions as They Affect Preference Relatives and Immediate Family Members
• Under CSPA Section 6 And Form I-539 Adjudications for V Status (6-14-06)
• USCIS Memo Interpreting Section 6 of the CSPA (3-23-04) – Amended by June 14, 2006 Memo
• USCIS Memo: CSPA – Children of Asylees and Refugees (8-17-04)
• INS Memo Re: Child Status Protection Act (2-14-03) – Replaced by USCIS Guidance of 4-30-08
• INS Memo Re: Child Status Protection Act (9-20-02) – Replaced by USCIS Guidance of 4-30-08
• INS Memo Re: CSPA and Asylum (8-07-02)

STATE DEPARTMENT GUIDANCE

• State Department Cable Re: Child Status Protection Act (5-29-03) – ALDAC #3
• PROCEDURAL INSTRUCTIONS ON ISSUING IMMIGRANT VISAS TO ALIENS QUALIFYING
• FOR AGE-OUT RELIEF UNDER THE CSPA OR SECTION 424 OF THE PATRIOT ACT
• State Department Cable Re: Child Status Protection Act (5-17-03) – ALDAC #4
• WHAT CONSTITUTES A “FINAL DETERMINATION” ON AN APPLICATION ADJUDICATED
• PRIOR TO THE EFFECTIVE DATE OF CSPA?
• State Department Cable Re: Child Status Protection Act (1-17-03) – ALDAC #2
• State Department Cable Re: Child Status Protection Act (September 2002) – Replaced by USCIS Guidance of 4-30-08
• State Department Cable Re: Child Status Protection Act (8-26-02) – ALDAC #1
• State Department Cable: Revised Interpretation of Age-Out Provision of PATRIOT Act (6-26-02)

FEDERAL COURT DECISIONS

• Robles-Tenorio v. Holder – U.S. Court of Appeals, 4th Circuit, Automatic Conversion – Unpublished (8-26-11)
• Midi v. Holder – U.S. Court of Appeals, 4th Circuit Upholds BIA’s Ruling That CSPA Does Not Apply to HRIFA Applicants (5-12-09)
• Ochoa-Amaya v. Gonzales (9th Circuit – 12-29-06)
• Baruelo v. Comfort No. 05-6659 (ND ILL – 12-29-06) (Unpublished District Court Opinion) – Appropriate Category is 2B
• Rodriguez v. Gonzales No. CV 04-8671 (CD CA – 5-31-06) (Unpublished District Court Opinion)
• Calix-Chavarria v. Attorney General of U.S. No. 05-3447, U.S. Court of Appeals, 3rd Circuit (5-12-06) – Not Precedential
• Gomes v. USCIS No. CV 05-3767 (CD CA – 3-22-06) (Unpublished District Court Opinion)
• Corea v. U.S. Attorney General No. 05-14479, U.S. Court of Appeals, 11th Circuit (3-15-06) – Unpublished
• Padash v. INS – U.S. Court of Appeals, 9th Circuit Rules On Meaning Of “Final Determination” under CSPA (2-19-04)
• Dandan v. Ashcroft – U.S. Court of Appeals, 7th Circuit Rules on Derivative Asylum Benefits under CSPA (8-11-03)

ADMINISTRATIVE DECISIONS

• Matter of Zamora-Molina – Precedent BIA Decision re: Operation of the Opt-Out Provision (10-06-11)
• Matter of Azam – Non-Precedent BIA Decision re: Status of Children Who Aged-Out under CSPA (4-12-11)
• Matter of Murillo, Non-Precedent BIA Decision re: “Sought to Acquire” (10-06-10)
• Matter of Wang, 25 I&N Dec. 28 (BIA 2009) – Precedent Decision Regarding CSPA’s “Automatic Conversion” Clause (6-16-09)
• CSPA for Married Couples (8-12-09)
• BIA’s CSPA Decision Not Entitled to Deference (7-27-09)
• CSPA Update (7-22-09)
• BIA Decision Would Separate Families (6-16-09)
• Way Cleared for Lawsuit to Keep Families Together (5-14-09)
• Matter of Avila-Perez, 24 I&N Dec. 78 (BIA 2007) – Precedent Decision Addresses Effective Date of CSPA (2-09-07)
• Matter of Garcia – Non-Precedent BIA Decision re: Status of Children Who Aged-Out under CSPA (6-16-06)
• Matter of Ki Na Kim – Non-Precedent BIA Decision Interpreting “Final Determination” (6-07-06)
• Matter of Ji Young Kim – Non-Precedent BIA Decision Interpreting “Sought to Acquire” (12-20-04)

PRACTICE ADVISORY REGARDING CSPA (AIC)

• The Child Status Protection Act (11-04-09)