In the long process of reunification and immigration in the United States, many families face a common dilemma - the risk of "overage" of their children. Once a child reaches the age of 21 while waiting for their immigration application to be approved, they may lose their immigration eligibility under CSPA (Child Status Protection** Scheme), which is undoubtedly a heavy blow to families who want to be reunited.
Therefore, how to effectively avoid this risk and ensure that their children can successfully obtain immigration status has become an urgent concern for many families.
In order to solve the problem of "overage", the United States** passed it in 2001Child Identity Protection** Case (CSPA). Under CSPA, children are still considered "children" as long as they are not more than 21 years old after all things are calculated and seek to obtain a green card within one year of the priority date. Since its enactment, the CSPA Act has undergone several interpretations and revisions to adapt to changing immigration policies and practices. 1.On August 6, 2002, the CSPA Act came into effect, allowing for the waiting period of an otherwise eligible minor child to exceed the age of 21 due to extended processing times in the U.S. immigration system. However, these children who are over the age limit can still be considered minors and are eligible to immigrate with their parents.
2.In October 2015, the U.S.*** and USCIS announced the introduction of a dual-table backlogThe introduction of the double priority system aims to alleviate the impact of immigration priority on the problem of children exceeding the age limit. The system consists of Final Action Dates (Form A) and Dates for Filing (Form B).
3.On May 23, 2018, USCIS made clear regulations on how the CSPA age for adjustment of status through I-485 is calculatedThe age locking of the child is made in accordance with Form A.
On February 14, 2023, USCIS issued a new policy that updates the policy guidance on the age lock rules for I-485 adjustment of status applications.
Effective February 14, 2023, USCIS will target the child's age based on Form B in the Visa Bulletin (otherwise Form A if Form B is open) to calculate the applicant's CSPA age when processing the I-485 adjustment of status application.
Note: 1Table B is dated earlier than Table A. This means that when using Form B to calculate the CSPA age, the age of the child is usually calculated at a younger age, reducing the risk of being over 21 years old due to waiting for immigration processing time. 2.Applicants who opt for the consular interview process still follow the provisions of Form A.
On August 24, 2023, USCIS supplemented the new February 14 rule.
Beginning August 24, 2023, CPA protections will be available if the child fails to file a green card application on a "sought to acquire" basis within one year of the priority date due to special circumstances.
Note:"sought to acquire"A term used in CSPA to show that once an immigrant visa becomes available, a child or their parent needs to take specific action to apply for a green card within a certain period of time (usually one year) to demonstrate their status as they are working toward a green card.
How to calculate the age of CSPA
Let's start by understanding the following five dates:
1. Priority date (USCIS pick-up date, also known as priority date, referred to as PD).
2. Date of approval (date of receipt of the approval letter).
3. Date of birth of accompanying children.
4. The date on which Form A is scheduled.
5. The date on which Table B is scheduled.
For example, let's say the parents have already applied for EB1A immigration, the priority date is March 1, 2022, the approval date is September 1, 2023, and the child's birthday is June 1, 2003.
The child's make-up age is calculated by subtracting the priority date from the date of approval, i.e. September 1, 2023 - March 1, 2022 = 1 year and 6 months. It is worth noting that the so-called "frozen age" actually refers to this makepable age.
If you choose the consular interview method, the formula for calculating the child's CSPA age is as follows:
CSPA age = date scheduled to date in Form A - Date of birth - Makeable age.
For example, if January 1, 2025 is the date scheduled on Form A, then the child's CSPA age = January 1, 2025 - June 1, 2003 - 1 year and 6 months = 20 years and 1 monthStill less than 21 years old
If you choose to file an I-485 transfer of status in the U.S., the child's CSPA age is calculated as follows:
CSPA age = date scheduled for Form B - Date of birth - Make-up age.
Assuming that June 1, 2024 is the date listed in Table B, then the child's CSPA age = June 1, 2024 - June 1, 2003 - 1 year and 6 months = 19 years and 6 months, which is also less than 21 years old.
What should I do if my child is overage?
Most people choose to apply for F-2B for their overage children. F-2B refers to the unmarried child visa for U.S. green card holders, and unmarried children over the age of 21 can apply.
or if the child is 14 years old and has sufficient funds, the parent may consider filing a new I-526E with the child as the main petitioner.
Note: If Form B is open, USCIS will follow Form B to determine the child's age; If Form B is not open, USCIS will follow Form A to determine the child's age.
Consider other immigration pathways:If the age of the child is indeed close to the overage threshold, then you can consider other immigration routes, such as EB5 investment immigration or let the child find a spouse with U.S. status to obtain green card status through marriage immigration in the future.
Here I would like to remind parents to plan ahead and give enough time for approval! It's a great time for kids to be 14 years old!
Before the age of 14ExcellentPeriod
For elementary and middle school students, it takes 6-7 years to use English as a native speaker.
If the child is able to live in an English-speaking environment before the age of 11 and no later than 14 years old, then the English pronunciation can be as authentic as that of a native-born person.
If you don't settle abroad until you are 14 years old, your child's future English pronunciation is very likely to have an accent and will not be able to change it for the rest of your life.
Although the above results cannot be generalized, it is more appropriate to move outside the child before the age of 14 in order to learn the language more quickly and for the sake of future career paths.
To sum up, it is recommended that parents should plan and formulate a suitable immigration plan before their children are in primary school to junior high school, that is, before the age of 9-11. This will allow you plenty of time to prepare your application, and you will be able to enjoy the benefits of a high-quality education abroad after obtaining immigration status.