The child status protection act was introduced in 2002 to help immigrant families to stay intact with their children. The primary purpose of its introduction was to facilitate the immigrant's children who are facing any family or employment-based waiting times to get green cards. After introducing this Act, it became easy for the son and daughters of the parents living in the United States to immigrate together. Before CSPA, there was a concern about aging out issues, and children of immigrant parents have to face complications in the immigration process. This Act enables US citizen parents to submit the visa petitions for their children, and CSPA freezes the age to prevent the aging out problems. To get the benefits of CSPA, you need to understand how to apply for CSPA and the different forms you need to submit for each applicant category.
Who can benefit from the provisions of the Child Protection Act?
Primarily two types of beneficiaries can benefit from the provisions of the child status protection act. The Act classifies them as direct beneficiaries and derivative/preferential beneficiaries. To understand the CSPA child status protection act, you need to know the people or parties that get coverage under CSPA Act. CSPA applies only to the below cases:-
- When a child of a legal US citizen seeks an immigrant status.
- The family-based cases, where direct/derivative beneficiaries seek the immigration status.
- The employment-based case, where direct/derivative beneficiaries seek the status as immigrants.
- Seeking immigrant status as a son/daughter of an LPR.
- Seeking an asylee or refugee status as a derivative beneficiary.
Preference categories for applicants who are not immediate relatives
Applicants who are not immediate relatives of lawful Citizens of the United States can fall under different preferential categories described by the child protection act. Below are those preference categories that separate such applicants during the processing of petitions made by LPR parents for family members with foreign nationality:-
- Family One - Widely known as F1 preference, this category includes the unmarried children of lawful citizens.
- Family Two - It is also known as F2 preference. CSPA divides F2 into two subcategories called F-2A and F-2B. These subcategories include the spouse/minor child or adult children of a permanent resident.
- Family Three - F3 preference category includes the son and daughters who are married and have LPR parents.
- Family Four - This category provides the preference status to the siblings of United States citizens. It also includes the spouse and children of such applicants.
The quota for the number of immigrants in each preference category depends on the guidelines by statute, and the waiting time for each preference category differs. The applicant can also choose to opt-out of a particular preference category. It will help to benefit from a preference category where they can avail themselves short waiting time.
Some significant forms and their implications concerning CSPA
You must know the various form you need to submit for influencing the case of derivatives. It will help you for availing the benefits of the Child status protection act. Submission of the right form with petitions will facilitate determining the right CSPA age of the applicants. Below are some of the forms, that can influence the benefits that you can avail of using CSPA:-
FORM I-130 - It is required to freeze the age of a person who is closely related to a citizen of the USA. It will help prevent the counting of time between submitting this form and approval of PR while calculating the CSPA age.
FORM I-360 - You need to submit this form while filing the petition for the widow, special migrants, or VAWA self petitioners. It will enable them to avail the child protection act benefits till they cross the age of 25. However, to claim them, they should have valid evidence of abuse they suffer before completing 21 years.
Form I-140 - This form is required when you are submitting the immigrant petition for the Alien worker. The employer of your parents must file the form before you cross the age of 21 to freeze your original priority date. The days starting from submission of application to the day of receiving your immigrant visa are not included in calculating your CSPA age.
FORM I-589 - If you want to apply for asylum in the United States, your parents can submit this form. Remember that you cannot change your marital status after filing this form to get a green card.
FORM I-590 - By filling this form, a child of the parents seeking refuge in the country can freeze the CSPA age for their child. Once the parents file this form, the child doesn't need to remain single to gain eligibility for the green card.
FORM I-730 - This form is for the asylees, who seek refugee adjustment for their children yet to arrive in the country. It is important to file this form within two years of presence in the country to avail of its benefits.
Save efforts by making sure that your child is not a US Citizen already.
Before we jump deep into the processes concerning CSPA, we want to throw light on the fact the many resident parents fail to know that their children are already US citizens. You can save the hassle of petition approvals and filing fees by knowing the exact citizenship status. Well, we know it seems to be a daunting task. Legal advice from a competent law office like Lamb Law can help you find your citizenship status. However, if you want to do it yourself, then you need to check whether any of the below points applies to you not:-
- If you are born in the United States but have spent most of your life outside the country.
- If you have a direct line of ancestry of US citizens.
- If parents become naturalized citizens of the United States, their minor children get citizenship automatically.
If you are facing any kind of trouble understanding the provisions of CSPA, it will be wise to take help and guidance from a U.S. citizenship lawyer. These lawyers can help you with legal advice for an immigrant visa petition, eligibility requirements, CSPA age, and refugee adjustment in the swiftest of ways.
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