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Adjustment of Status - Frequently Asked Questions

7.

What is an Aging Out case for the purpose of Adjustment of Immigration Status?

An Aging Out case is a situation referring to a person’s petition to become a legal permanent resident as a child, and in the time that passes during the processing of the application, the child turns 21, and ages-out.

8.

Does the Child Status Protection Act (CSPA) prevent my child from Aging Out?

Yes, if you are a U.S. citizen petitioning on behalf of your child, the CSPA prevents your child from Aging Out. If you are a legal permanent resident petitioning on behalf of your child, you will have to run the facts through the formula to determine the child's "age" for immigration purposes.

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9.

What does the Child Status Protection Act (CSPA) say about children of U.S. citizens?

Under the CSPA, if you are a U.S. citizen and you file a Form I-130, Petition for Alien Relative, on behalf of your child before your child turns 21, your child will continue to be considered a child for immigration purposes even if the United States Citizenship and Immigration Services (USCIS) does not act on the petition before your child turns 21.

10.

What does the Child Status Protection Act (CSPA) say about children of legal permanent residents?

Under the CSPA, if you are a legal permanent resident and you file Form I-130, Petition for Alien Relative on behalf of your child before your child turns 21, your child’s age will be determined using the date that the priority date of the Form I-130 becomes current, minus the number of days that the Form I-130 is pending. In addition, your child must seek to acquire the status of a legal permanent resident within one year of visa availability. This provision also applies to derivative beneficiaries on family-based and employment-based petitions.

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