For families planning to apply for a Green Card through the EB-3 program, one of the main concerns is whether a child can still accompany their parents to the United States if the immigration process takes several years and the child turns 21 while the application is pending.
The United States has a law called the Child Status Protection Act (CSPA), which is designed to protect certain children who may exceed the age limit during the immigration process. The law provides a method for calculating a child’s legal age instead of relying solely on their actual age to determine whether they remain eligible as a dependent.
What Is CSPA and How Does It Work?
Under U.S. immigration law, children who turn 21 generally may no longer qualify as dependents of their parents for immigration purposes. This is commonly referred to as “aging out.”
However, the CSPA establishes a method for calculating a child’s legal age, known as the CSPA Age, to help protect certain children from losing their eligibility due to aging during the Green Card application process.
How to Calculate Age Under CSPA
For children applying as dependents under the EB-3 immigration process, the CSPA age calculation follows this formula: Child’s actual age on the date a visa becomes available under CSPA rules , Minus , The amount of time Form I-140 was pending before approval , Equals CSPA Age (Legal Age)
Determining when a visa becomes available requires consideration of the status of the I-140 petition and the relevant dates in the Visa Bulletin. Under current USCIS guidance, the Final Action Dates chart is generally used to calculate CSPA age.
If the calculated CSPA age is under 21, the child may remain eligible to obtain a Green Card as a dependent of their parents, even if they are already 22 or 23 years old when they actually enter the United States. However, all other applicable legal requirements must also be satisfied.
Important Requirements for Maintaining CSPA Protection
Even if a child’s calculated CSPA age is under 21, there is another important requirement that must be met, known as “Seek to Acquire.”
Generally, applicants must take the required steps to seek lawful permanent resident status within one year of visa availability. These steps may include submitting Form DS-260 or Form I-485, depending on the applicable immigration process, to preserve eligibility under the CSPA.
Taking the necessary action within the required timeframe is essential, as failure to meet this requirement may affect the child’s eligibility to immigrate as a dependent.
How Should Families with Children Aged 17–20 Plan Ahead?
For families with children between the ages of 17 and 20, timing is an important factor to consider before beginning the EB-3 immigration process.
Since filing petitions and waiting for visa availability can take several years, planning and starting the process early can provide families with more time to prepare, monitor their petition status, and reduce the risk of their children losing dependent eligibility due to aging out.
However, CSPA protection depends on the calculated age and the specific legal requirements applicable to each case. Simply starting an immigration petition does not automatically guarantee that a child’s eligibility will be protected.
Plan Your Family’s EB-3 Immigration Journey with KPB International
For individuals interested in applying for the EB-3 program and planning to immigrate to the United States with their families, KPB International provides consultation services regarding the application process and preparation for accompanying family members.
References
Agency: U.S. Citizenship and Immigration Services (USCIS)
Reference Document: USCIS Policy Manual, Volume 7 (Adjustment of Status), Part A, Chapter 7 – Child Status Protection Act
