Can the Child Status Protection Act (CSPA) save my eligibility for Green Card?

Angelica Rice • April 13, 2023

      The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer to get a Green Card, or may no longer be eligible for a Green Card.


      Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out.¹ The CSPA went into effect on August 6, 2002.


      CSPA does not change the definition of a child. 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 21st birthday. However, CSPA does not change the requirement that you must be unmarried in order to remain eligible for classification as a child.

CSPA applies only to the following people:


  • Immediate relatives (including derivatives of widow(er)s);
  • Family-sponsored preference principal applicants and derivative applicants;
  • Violence Against Women Act (VAWA) self-petitioners and derivative applicants;
  • Employment-based preference derivative applicants;
  • Diversity Immigrant Visa (DV) derivative applicants;
  • Derivative refugees; and
  • Derivative asylees.


      If you are applying for a Green Card based on one of the categories above, you are eligible for CSPA consideration if either your qualifying Form I-485, Application to Register Permanent Residence or Adjust Status, or one of the following underlying forms was filed or pending on or after Aug. 6, 2002:


 

The CSPA calculation for immediate relatives is different than the calculation for family and employment preference immigrants.


      If you are an immediate relative, a VAWA self-petitioning abused spouse or child of a U.S. citizen, or a derivative child of a VAWA self-petitioning abused spouse or child of a U.S. citizen, your age is frozen on the date the Form I-130 or Form I-360 is filed. If you were under the age of 21 at the time the petition was filed, you are eligible for CSPA and will not age out. However, you must remain unmarried in order to qualify.


      If you are a family preference (including VAWA self-petition), employment-based preference, or diversity visa (DV) applicant, calculate your CSPA age by subtracting the number of days your petition was pending (pending time) from your age on the date an immigrant visa becomes available to you (age at time of visa availability). However, you must remain unmarried in order to qualify.


The formula for calculating CSPA is:

 
Age at Time of Visa Availability - Pending Time = CSPA Age


Example:


You are 21 years and 4 months old when USCIS considers an immigrant visa available to you. Your petition was pending for 6 months. Calculate your CSPA age as follows:

21 years and 4 months - 6 months = 20 years and 10 months


Age at Time of Visa Availability


The date the visa is considered available is the later of these 2 dates:


  • The date the petition was approved; or
  • The first day of the month of when USCIS considers a visa available for filing an adjustment of status application based on your immigrant preference category, country of chargeability, and priority date. You must check the USCIS website to determine which of the 2 charts (Dates for Filing or Final Action Dates) from the Department of State (DOS) Visa Bulletin you may use to file an adjustment of status application.

 

      You will need to use the visa bulletin (see related article on our website for understanding the visa bulletin and retrogression) to complete the calculation and determine the appropriate “time of visa availability”.


**There was a recent USCIS policy change with regard to this portion of the CSPA calculation!**²


      The recent change in policy allows the use of Chart B, Dates for Filing (earliest date when applicants may be able to apply), to determine when the adjusted age is calculated rather than Chart A, Final Action Dates (dates when visas may finally be issued). Prior to the change, the agency required children to use Chart A. 

 

Pending Time


      The length of time a petition was pending (pending time) is the number of days between the date that it is properly filed (filing date) and the approval date.


The formula determining the length of time the petition was pending is as follows:


Approval Date - Filing Date = Pending Time


Example:


Your mother filed a petition for you on Feb. 1, 2016. We approved the petition on Aug. 1, 2016.


Aug. 1, 2016 - Feb. 1, 2016 = 6 months

 

Sought to Acquire Requirement


      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. This is referred to as the “sought to acquire” requirement.


You may satisfy this requirement by:



     The change in policy also affects when the one-year filing requirement starts. Under the prior policy, applicants could wait until the priority date became current in Chart A to take action. Now they must pay attention each month to whether the USCIS is allowing applicants to use Chart B for filing purposes. If so, the one-year period begins on that month, not when the priority date becomes current using Chart A.


     I know this all seems extremely complex and confusing, many immigration practitioners thought so too! So, an online calculator was developed to assist with calculating CSPA, a link to this online calculator is below:


https://www.immihelp.com/cspa-calculator/

 

     If you have additional questions about CSPA or believe this calculation may apply in your case, please contact our office for professional assistance!


¹ https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa

² https://www.uscis.gov/newsroom/alerts/uscis-updates-child-status-protection-act-cspa-age-calculation-for-certain-adjustment-of-status

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

Angelica Rice

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By Denice Flores • October 9, 2025
Under the new regulation, if a person filed or files Form I-589, Application for Asylum and for Withholding of Removal after October 1, 2024, and the application remains pending with USCIS for 365 days, the applicant must pay an Annual Asylum Fee (AAF) on the one-year anniversary of his or her filing date.

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By Shirin Navabi • August 14, 2025
It’s no secret that the U.S. immigration system has faced increased scrutiny and change in recent months. From evolving policies to headlines filled with uncertainty, it’s understandable that many individuals are left wondering: Is this still the right time to pursue a future in the United States? The answer is yes—and here’s why. Despite the shifting political landscape, the core structure of U.S. immigration law remains firmly in place. While the process may appear more complex or demanding than it once was, the legal pathways to live, work, and thrive in the United States are still open and accessible to those who take the proper steps. What often gets lost in the conversation is that the United States remains a country built on innovation, creativity, and resilience. It continues to attract global talent, entrepreneurs, artists, and professionals from all walks of life. Whether you are launching a business, advancing your career, or seeking a better life for your family, the United States offers unparalleled opportunities to those who are prepared and determined. Much of what makes the United States a global economic and technological leader today is the direct result of contributions made by immigrants. Nearly half of the current Fortune 500 companies were founded by immigrants or their children. Immigrant entrepreneurs have long been an essential part of America’s economic success story. Some of the largest and most recognizable American companies were founded by immigrants or the children of immigrants. This includes household names such as Apple and Costco. Moderna, the pharmaceutical company and vaccine producer, was founded by a Canadian-born stem cell biologist, Derrick J. Rossi, whose parents themselves emigrated from Malta. These success stories are not outliers; they are part of a broader pattern that reflects the drive, innovation, and resilience that immigrants bring to the country. The United States also offers one of the most dynamic and diverse economies in the world. It is a place where hard work, fresh ideas, and entrepreneurial vision are rewarded. For creative professionals, business leaders, and investors, the United States provides a unique platform to grow, connect, and gain global influence. Its competitive marketplace, access to capital, and culture of innovation create unmatched opportunities for those ready to seize them. While the immigration process requires careful planning, that process is far from impossible. Indeed, having strong legal guidance is one of the most effective advantages an applicant can possess. Immigration law is complex, and each case must be evaluated individually. A clear, strategic plan tailored to your background and goals can significantly improve your chances of success. What may feel like a hurdle at first glance is often navigable with solid preparation and documentation. At our immigration law firm, we have had the privilege of assisting individuals from all over the world as they navigate these complexities. Time and again, we have witnessed how determination, careful preparation, and experienced legal counsel can turn uncertainty into opportunity and help transform a vision for the future into reality. If you have been uncertain about whether to move forward, let this be your sign to take the next step. The United States is still a land of possibilities. If you are ready to take that step, now is the time to act. Let us build your path forward together.

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