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New Options for Children Who Age Out?

Posted: October 16th, 2012 | Author: | Filed under: National News | Tags: , , , | No Comments »

Possible Expansion of Child Status Protection Act

Sarasota Immigration Attorney P. Christopher Jaensch

Sarasota Immigration Attorney P. Christopher Jaensch

It seems like recent court cases in California and Texas have expanded the applicability of the Child Status Protection Act.

The Child Status Protection Act (CSPA) addressed the large numbers of children who are “ageing out” – reaching the age of 21 before their parents received a green card.  CSPA protects the “child” status despite ageing out due to excessive processing times.  It can apply in certain family-based, employment-based and humanitarian immigrant cases.

Under the new rule, once the parent gets the green card, they can apply for the child as an adult unmarried child of a permanent resident.  Instead of getting a new priority date for this application (which would require a wait of about 2 years or more), they child would “inherit” the original priority date of the application.  This would mean that the child would most likely be eligible for a green card soon after the parent gets their green card and would not have an additional waiting period.  I would estimate that children who apply in this way would wait about a year after their parents receive their green card, because there still needs to be time allowed to file the green card application and conduct the background check.

Children of legal permanent residents (green card holders) can take advantage of this whether they are in the U.S. or out of the U.S.   If they are in the U.S., they would have to remain here in lawful status after they turn 21 (by having a F-1 student visa or E-2 investor visa).

This is good news because it means that children of green card holders would ultimately be able to get a green card around the time their parents get one.