- N-400 (5-Year Residence)
- N-400 (3-Year Residence)
- N-470 Preserve Residence for Naturalization Purpose
- N-600K Expedite Naturalization for U.S. Citizen Child Residing Abroad
- N-600 Application for Certificate of Citizenship (Child under 18)
- Acquisition of Citizenship at Birth (DS-2029/SS-5)
- N-565 Replacement of Naturalization/Citizenship Certificate
Service:CSPA Application (Derivative Children) | |
No. DIY-LR-006 |
What we can do for you?
1. Provide CSPA questionnaire and document checklist
2. Full Review of your personal circumstances and calculate CSPA age
3. Confirmation that the CSPA Application is appropriate for child
4. Provide user name and password of Customer Service System
5. Compose Supporting letter/exhibit according to
6. Provide application Instruction
7. Store all documents electronically for backup purposes
What you will do
1. Provide Necessary Information to HelpToUSA
2. Have your signature in the application letter
3. Copy all necessary materials
4. Mail out
CSPA (The Child Status Protection Act of 2002) was enacted to provide relief to children who “age out’ as a result of legacy USCIS delays in processing visa petitions. Prior to CSPA, an application for permanent residency as direct or derivative.beneficairy child would be approved only if adjudicated before the child’s 21st birthday. Upon turning 21, a child would “age out” and lose the preferential status of a child. Due to agency backlog and delays, many children aged out before their cases were completed. For cases to which it pertains, CSPA now locks in the age of the child at an earlier date in the process and preserves the status of “child” for many individuals who otherwise would “age out”.
The CSPA protects Derivative children of preference categories:
1. Derivatives in family-based preference categories
2. Derivatives in employment-based preference categories
Note: This service doesn’t include:
1. Children of
2. Children whose parents got naturalization
3. Diversity Visa (DV) cases
If you are in the above 3 situations, please choose our attorney referral service
Posts should note that the CSPA requires a three-step process:
First, determine whether the CSPA applies. Under the revised guidance, the CSPA may apply to any case involving a petition approved on or after August 6, 2002.
The CSPA applies to cases where either:
-- The petition was filed after 8-6-02; or
-- The petition was filed before 8-6-02 and was still pending (i.e., not yet approved) on that date; or
-- The petition was approved before 8-6-02, but only if a final determination had not been made on the beneficiary's application before that date.
Second, if the CSPA applies to the case, then calculate the alien's age under the CSPA.
The following is a simplified summary of how to calculate the alien's age in cases where the CSPA has been found to apply:
For Derivatives in Preference cases: Age is determined by taking the age of the alien on the date that a visa first became available (i.e., the date on which the priority date became current and the petition was approved, whichever
came later) and subtracting the time it took to adjudicate the petition (time from petition filing to petition approval).
Third, in preference cases, verify that the alien sought LPR status within one year of visa availability. This generally means that the applicant must submit the completed DS-230, part 1 (instead of having to file a visa application) within one year of a visa becoming available. However, if the principal applicant adjusted to LPR status in the
1. The child of an LPR or Derivative:
The beneficiary’s age will be locked in on the date that the priority date of the visa petition becomes current, less the number of days that the petition is pending, but only if the beneficiary seeks to acquire the status of an LPR within one year of the date the visa becomes available.
2. The CSPA does not apply to an alien obtaining
Parent submits the application to USCIS /NVC/ US Consulate to resume the child’s immigration eligibility according to CSPA.
USCIS:
http://www.uscis.gov/portal/site/uscis
NVC:
http://travel.state.gov/visa/immigrants/info/info_3177.html
US Consulate:
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