Understanding the Impact of Aging Out on Immigration Status
For many individuals intending to immigrate to the United States, a primary goal is to bring their immediate family along. The timing of immigration processes plays a critical part in achieving this objective.“Aging out” refers to when a child beneficiary of an immigration petition turns 21, potentially losing eligibility for immigration benefits designated for minors. For many immigrant families, this milestone can create uncertainty and complications in the immigration process. Understanding how aging out affects immigration status and the available options can help families navigate this challenge effectively.
What Does It Mean to Age Out?
Under the Immigration and Nationality Act (INA), a child is defined as an unmarried individual under the age of 21. If a child applies for lawful permanent resident (LPR) status but turns 21 before their application is approved, they can no longer be considered a child for immigration purposes. This situation, known as aging out, may require applicants to:
- File a new immigration petition under a different category.
- Experience longer wait times due to visa availability.
- Lose eligibility for certain family-based or employment-based immigration benefits.
Aging out can be particularly challenging due to the backlogs in USCIS processing times. Fortunately, some legal provisions, such as the Child Status Protection Act (CSPA), offer relief in specific cases.
Child Status Protection Act (CSPA)
In 2002, Congress enacted the Child Status Protection Act (CSPA) to mitigate the consequences of aging out due to delays in USCIS processing. While CSPA does not change the legal definition of a child, it provides a method for calculating a child’s CSPA age, which can help some individuals remain eligible for immigration benefits after turning 21.
How CSPA Works
The CSPA age is determined by reducing the applicant’s age by the number of days the petition was pending before approval. For example:
- If a petition was pending for two years before approval, the applicant’s CSPA age would be reduced by two years.
- This means a child who turns 21 may still be classified as a child for immigration purposes if their adjusted age remains below 21.
Who Qualifies for CSPA Protection?
CSPA applies to multiple immigration categories, including:
- Immediate relatives (such as derivative children of widow(er)s)
- Family-sponsored preference applicants (principal and derivative applicants)
- Violence Against Women Act (VAWA) self-petitioners
- Employment-based preference derivative applicants
- Diversity Immigrant Visa (DIV) derivative applicants
- Derivative refugees and asylees
While CSPA provides relief, applicants must remain unmarried to qualify under its provisions. If a child marries, they lose CSPA protection.
Planning for Aging Out: What Families Should Know
Families applying for immigration benefits should consider the impact of aging out early in the process. Some steps to take include:
- Filing petitions as early as possible to minimize delays.
- Tracking USCIS processing times and visa bulletin updates.
- Consulting an immigration attorney to explore alternative legal pathways if aging out is a risk.
Resources for Aging Out and CSPA
According to a report by the American Immigration Council, “long wait times for family-sponsored visas can significantly impact young immigrants, often leading to aging out and loss of eligibility for specific immigration benefits.”
For more detailed guidance on CSPA and aging out, visit these authoritative sources:
Need Legal Assistance? Contact Us Today!
If you think that you or a loved one are at risk of aging out and need legal guidance, contact the Law Firm of Anna Korneeva today at (513) 334-3008. Our experienced immigration attorneys can help you navigate the complexities of U.S. immigration law and find the best solution for your case.
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