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 23 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 parents. CSPA “freezes 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, the Child Status Protection Act provides relief for “aged-out” children in the form of the “automatic conversion” clause. Unmarried sons and daughters are permited to retain the priority date of the original petition and automatically convert to the appropriate category. However, this subsection of CSPA is currently being litigated in the Supreme Court. Our law firm is co-counsel for the plaintiffs in this lawsuit.

 

CSPA also contains an “opt-out” clause which permits unmarried adult sons and daughters of U.S. citizen to choose between the family-based 1st and 2B preference categories depending on which category allows them to reunite with their parents faster.

 

CSPA is applicable not only to persons who were sponsored for lawful 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 many thousands of persons.

 

“Very professional law firm. We had a difficult issue and Mr. Shusterman’s office got right onto the case and resolved the issue with USCIS. Because of their efforts, me and my family were able to get our Legal Permanent Residency card. My suggestion to those trying to obtain employment based card. Don’t look for money saving attorney. They will cost you lot more in long run. Go to a law firm which is professional and knowledgeable. It pays in the long term.” (More attorney endorsements…)

 

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The Child Status Protection Act is divided into the follow subtopics:

 

 

The Child Status Protection Act

 

 

CSPA LAWSUIT – U.S. SUPREME COURT

 

 

SUCCESS STORIES – CSPA

 

Child Status Protection Act

 

 

More success stories…

 

CSPA Videos

 

  • CSPA Case Heads to the Supreme Court
    Attorney Shusterman advises immigrants and their attorneys about what they should do while our Child Status Protection Act (CSPA) victory in DeOsorio v. Mayorkas heads for the Supreme Court.

 

 

 

 

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

 

DE OSORIO v. NAPOLITANO

 

 

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

 

MEDINA TOVAR v. U.S. ATTORNEY GENERAL

 

 

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

 

AROBELIDZE v. HOLDER

 

 

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

 

Khalid v. Holder

 

 

Wu v. Holder

 

 

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

 

LI & CEN v. RENAUD

 

 

CSPA LAWSUIT – DISTRICT COURT

 

 

CSPA CASES CERTIFIED TO THE BIA

 

MATTER OF WANG

 

 

MATTER OF PATEL

 

 

GOVERNMENT GUIDANCE

 

USCIS Guidance

 

 

State Department Guidance

 

 

FEDERAL COURT DECISIONS

 

 

ADMINISTRATIVE DECISIONS

 

 

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