How the Child Status Protection Act (CSPA) Can Impact Visa Category Changes

Published: April 29, 2025

Is your child aging out before being approved for lawful permanent (LPR) status or acquiring a green card? Congress acknowledged that many aliens previously considered children for immigration purposes, but who had turned 21 years old while awaiting petition approval, were no longer eligible to receive an immigrant visa. 

Aging out forced many child applicants to file a new petition or application, resulting in longer green card waiting times. Some may lose their eligibility to secure a green card. The Child Status Protection Act (CSPA), enacted on August 6, 2002, aims to address these challenges and protect certain immigration applicants from losing their child status when they age out or turn 21. 

In this post, learn how the CSPA applies to your child’s specific circumstances, particularly when there are changes in your visa category or priority date. 

Overview of USCIS Updated Policy Guidance on CSPA

The CSPA generally protects alien children from aging out or losing eligibility as a derivative beneficiary of their parents’ immigration petition. Before its implementation, children over 21 would no longer qualify to immigrate as dependents while their parents’ applications were pending. 

Section 101(b)(1) of the Immigration and Nationality Act (INA) considers someone a child if they are under 21 years of age and not married. Instead of altering that definition, there’s a process specified in the CSPA for calculating an applicant’s age to determine if they retain their eligibility as a child for immigration purposes. 

U.S. Citizenship and Immigration Services (USCIS) made modifications to its CSPA policy guidance, effective September 25, 2024. In particular, the agency clarifies how it calculates an applicant’s CSPA age in applications involving extraordinary circumstances. 

Suppose a serious medical problem, legal error, natural disaster, or any other unavoidable situation beyond one’s control prevents your child from applying for a green card within the usual one-year filing window. Your child may remain eligible for CSPA protection, provided that you can demonstrate such circumstances. 

USCIS computes a person’s CSPA age according to the date the visa became initially available. That is, if the visa remained available without interruption for the entire one-year period. The same applies to extraordinary situations where the visa was initially available but became unavailable before the applicant could adjust their status or apply for permanent resident (LPR) status. 

However, in cases where the applicant fails to establish extraordinary circumstances, USCIS calculates the CSPA according to the date the visa became available again after the unavailability period. 

Potential Impact of CSPA on Visa Category Changes

The type of US visa category you need to secure largely depends on your intended activities and other specifics. 

Providing evidence that you satisfy all the criteria required is essential to secure the visa category you’re applying for. A consular officer is particularly responsible for examining your eligibility for a US visa. They will review your circumstances and decide whether you qualify and which visa category is most appropriate for you. 

Suppose you experience significant life changes, such as switching to a different employer, accepting a job that requires a new visa classification, or modifying your relationship status with a green card holder or US citizen family member. Such transitions may require filing a change of status application or other relevant petitions through the USCIS. 

The CSPA can affect one’s immigration eligibility, particularly for dependent children awaiting a visa during a lengthy processing period. Below is an overview of the potential impact of CSPA when the principal beneficiary’s visa category changes due to various circumstances. 

• Children of the beneficiary preserve their child status if they age out in family preference cases, where an LPR petitioner becomes a US citizen and changes to a different category. 
• Children of surviving spouses remain eligible as derivatives if the petitioner dies before the petition approval, provided that they meet the residency requirements and other conditions. For instance, they must satisfy the legal definition of a child when the petitioner passes away. 
• When the principal applicant switches from an employment-based category to a family-based preference, the new petition’s priority date and visa bulletin category determine the visa availability date used for calculating the CSPA age. Unless the new calculation still qualifies the child, they may age out without CSPA protection if the new category leads to a longer wait time. 

Consult ALG Lawyers to Protect Your Child’s Immigration Rights

Proactive planning is essential as your child nears the cutoff age to stay in the US while waiting for their green card application. The assistance of a trustworthy Los Angeles immigration lawyer will be beneficial in understanding and protecting your child’s immigration rights. 

With decades of experience, our reliable team at ALG Lawyers can help you choose the appropriate immigration pathway and ensure the accurate and timely filing of the necessary petition. Initiate a personalized consultation with our firm today.