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Who is eligible for the Child Status Protection Act (CSPA)?
The CSPA may apply to any immigrant visa application involving:
First :
- Immigrant petition approved on or after 8/16/2002.
- If the immigrant petition approved before 8/6/2002.
- The alien aged out on or after 8/6/2002.
- b. If the alien aged out before 8/6/2002, the alien was refused
a visa under 221(g) between 8/6/2001 and 8/5/2002.
Second:
- For immigrant visa preference (F or E) applications, the calculated
alien's age using the age formula below must be under 21.
- For IR2 immigrant visa applications, age is determined using the
age of the alien on the date the immigrant petition was filed.
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Worksheet
for Calculating Age
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| 1.
Alien's Date of Birth: |
| 2.
Date Immigrant Petition Filed: |
| 3.
Date Immigrant Petition approved: |
| 4.
Lengh of Time Immigrant Petition pending (#3 minus#2): |
| 5.
Date Immigrant Petition became current (i.e. Date Immigrant Visa
became available) |
| 6.
Age of Alien on date Immigrant Visa became available (#5 minus
#1) |
| 7.
Age for CSPA purposes : Age at time Immigrant Visa became available
minus length of time Immigrant Petition pending (#6 minus #4):
if this number is below 21, CSPA applies. |
Third:
- In immigrant visa preference cases, the alien must submit the completed
DS-230 within one year of a visa becoming available.
- 2. If the principal applicant (PA) adjusted to LPR in the U.S. the
PA must have filed I-824 for the child within one year of an immigrant
visa becoming available.
"A Visa Becoming Available" means that a priority date is current for
family preference cases and a petition is approved for employment preference
cases.
Important Notice:
If the alien's age is not over 21 and the priority date has not reached
yet, please do not pay the immigrant visa (IV) fee to the National Visa
Center (NVC) until the priority is current. According to the NVC, if
aliens pay their IV fee after they turn 21, they are eligible for a
refund through NVC by writing NVC, 32 Rochester Ave, Portsmouth, NH
03801. However, an IV fee paid to the NVC when the alien is under 21
is not refundable. Please pay the IV fee to the Embassy for this applicant
when the priority is current and the eligibility for CSPA is determined.
Updated April 9, 2004
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