I’m from Japan and moved to the United States with my parents four years ago when I was a teenager. Now at age 22, I’m wondering whether I still qualify as a “child” under immigration law for a family-based petition because of the Child Status Protection Act (CSPA). My concern is whether the time I spent in Japan before coming here, or the processing delays, might allow my “age” for immigration purposes to be frozen. How do I check if I can still be included in my parent’s petition without “aging out”?

Question

Lalita Chakraborty · Accepted Answer

Under the CSPA, your age may be frozen if certain conditions are met, like if the petition was filed before you turned 21. You’ll need to calculate your “CSPA age” based on the date of filing and visa availability.

Nkosinathi Ndlovu · Answer

First, determine the date your parent filed the Form I-130 petition and when your priority date becomes current. Then subtract the time the petition was pending under the law’s formula to see if your “CSPA age” remains under 21. If so, you may still qualify as a derivative •child• even though you’re 22. Consulting an immigration attorney for precise calculation is strongly recommended.

Mahboubeh Mahboubeh · Answer

Even if you’re over 21, you might still benefit from the CSPA if your case fits the formula. It’s key to move quickly because processing delays and policy changes can affect eligibility. Gather your parent’s petition records and your immigration timeline to get clarity on your status.

Kazuki Tanizaki

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