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The CSPA provides that an unmarried alien who seeks to accompany or follow to join a parent granted asylum, and who was under 21 years of age on the date the parent applied for asylum but turned 21 when the asylum application was pending, will continue to be classified as a child for purposes of derivative asylum ...

The CSPA helps preserve the ?under 21? age of many children who would otherwise have aged out under the prior law. For example, the law allows unmarried children of U.S. citizens to remain immediate relatives if they are under 21 when the I-130 petition is filed.

Child Status Protection Act allows children to secure permanent residence as dependents of their parents, even after turning 21. The new policy change will allow a greater number of dependent children to qualify for protection under the CSPA.

The applicant's calculated CSPA age must be under 21 years old; The applicant must remain unmarried; and. The applicant must have sought to acquire lawful permanent residence within 1 year of visa availability, absent extraordinary circumstances.

While the date you file an adjustment application or begin the consular process is not relevant to the CSPA calculation itself, to benefit from CSPA, the applicant must seek to acquire lawful permanent residence within 1 year of when the visa becomes available.

How Do You Qualify For CSPA? You must have a pending or approved visa petition for permanent resident status (Form I-130). You must not have had a final decision on an adjustment of status application or immigrant visa before Aug. 6, 2002. You must pursue permanent residence within one year of a visa becoming available.

In order to benefit from CSPA as a family preference (including VAWA self-petition), employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of when a visa becoming available to you for filing an adjustment of status application.