Does The Child Status Protection Act (CSPA) prevent my child from “Aging Out?”

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An “Aging Out” case is a situation referring to a person’s petition to become a permanent legal resident as a “child” (for definition please see child as defined in the Immigration and Nationality Act), and in the time that passes during the processing of the application, the “child” turns 21, and “Ages Out.” If you are a United States Citizen petitioning on behalf of your child, yes, the CSPA prevents your child from “Aging Out.” If you are a Legal Permanent Resident petitioning on behalf of your child, a formula for timing is clarified in the September 20, 2002, CSPA memo for you to review.

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T.R. Weaver has practiced law since 2003. She is licensed in Washington State, and admitted to practice law in the United States Federal Courts to assist with the representation of individuals with Immigration challenges. She has been an adjunct professor at various Community Colleges in their Criminal Justice and Paralegal Programs. Ms. Weaver is available for speaking engagements, workshops and seminars.

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