Even though you have turned 21, you may still be protected under the Child Status Protection Act (CSPA). The CSPA allows certain children to “freeze” their age based on how long the petition was pending with USCIS.

To determine your CSPA age, USCIS subtracts the time the petition was pending from your current age. If your CSPA age is still under 21, you can still qualify as a derivative child for the I-730 petition.

It’s important to calculate your CSPA age carefully and include any supporting documents if needed. If your CSPA age shows you are still under 21, you should remain eligible despite your 21st birthday. Consulting with an immigration attorney can help confirm your eligibility and guide you through the next steps.

Even though you’ve turned 21, USCIS may still consider you eligible as a derivative child under the CSPA if the calculation shows your age was “frozen” while your father’s I-730 petition was pending. It’s important to check the exact filing and approval dates of the petition because those determine whether you’ve “aged out.” If the CSPA calculation keeps you under 21, your status as a derivative child can still be preserved.

Turning 21 doesn’t automatically disqualify you if the I-730 petition was filed before you turned 21. The key is whether your CSPA-protected age is still under 21. You’ll need to submit evidence of your birthdate and the petition filing date to USCIS so they can determine your eligibility. If the CSPA applies, you remain a derivative beneficiary despite now being 21.