Child Status Protection Act: Detailed Analysis
Posted Dec 06, 2002

As regular MurthyBulletin and MurthyDotCom readers are aware, the Child Status Protection Act (CSPA) became law on August 6, 2002. This law addresses and partially remedies the problem known as "aging out." Aging-out is a situation in immigration law that occurs when a child turns 21 prior to the approval of his (or her) parents' green card or asylum case, making the child ineligible to obtain the green card with the rest of the family. Aging-out can also occur when a child is the direct beneficiary of a family-based case, in a category requiring him/her to be under 21 in order to qualify. The CSPA seeks to remedy this problem by changing the manner and time at which the child's age is determined and exactly when s/he ceases to be eligible for inclusion in the parents' case. There is a formula for this determination, which is explained in our updated CSPA article, referenced below.

In the October 25, 2002 MurthyBulletin, we provided a summary of the provisions of the law at the time it passed. In the weeks that have followed, we have had the opportunity to work with and apply the law to cases at The Law Office of Sheela Murthy, P.C. We have prepared a detailed, section-by-section analysis of the law and replaced that earlier article with this updated version on MurthyDotCom. Find this comprehensive information in our article, CSPA, Who Can Really Reap the Benefits?.

As evident in that article, neither the INS nor the Department of State has issued regulations. Additionally, the ability to obtain relief for old cases, in which the individual aged out prior to the passage of the law, is quite limited. The benefits for pending cases and future cases are much broader. We will continue to follow developments in connection with this favorable change in immigration law, and provide updates for subscribers to the MurthyBulletin and visitors to MurthyDotCom.