The Child Status Protection Act and Its Influence on Unlawful Presence

[felix123 0]

(B) The Child Status Protection Act and Its Influence on Unlawful Presence

On August 6, 2002, the Child Status Protection Act (CSPA) (PL 107-208, August 6, 2002) was enacted to provide relief to certain children, who “aged-out” during the processing of certain applications.

The CSPA applies to derivative children of asylum and refugee applicants, children of United States citizens, children of Lawful Permanent Residents (LPRs), and derivative beneficiaries of family-based, employment-based, and diversity visas.

The CSPA changes how a child’s age should be calculated for purposes of eligibility for certain immigration benefits; it does not change the definition of “child” pursuant to section 101(b)(1) of the Act.

The CSPA was effective on August 6, 2002. In general, its provisions are not retroactive: Any qualified petition or application that was pending on the effective date is subject to the provisions of the CSPA. For detailed information, consult the policy memorandum, Domestic Operations, April 30, 2008, Revised Guidance for the Child Status Protection Act (AD07-04), or AFM Chapter 21.2(e) .

Calculation of Unlawful Presence, if the CSPA Is Applicable : Any derivative beneficiary child who is in a “period of stay authorized” because of a pending application or petition, does not accrue unlawful presence merely because of his or her “aging-out,” if the requirements and conditions of the CSPA are met. For more information about the applicability of the CSPA, see AFM sections describing individual types of immigration benefits and Chapter 21.2(e) .

So lets say the minor was petitioned by a step parent for before 18th birthday, the child falls CSPA and does not gain unlawful presence after the child turns 18???????? It appears to state that in the last paragraph.

Edited September 24, 2011 by felix123

[TiklingGuy 211]

I just want to say Good Luck, were all counting on you.

[JimVaPhuong 4,863]

So lets say the minor was petitioned by a step parent for before 18th birthday, the child falls CSPA and does not gain unlawful presence after the child turns 18???????? It appears to state that in the last paragraph.

What sort of petition was filed? An I-130 does not grant a period of authorized stay. An I-485 does.