Family Coming With You

CSPA

If you have a child that wants to immigrate with you but is almost age 21 check whether you can invoke the Child Status Protection Act (CSPA). This act makes it possible to ‘freeze’ the aging of the child for a period. In other words: the clock can stop ticking for awhile.
For the DV-program you can freeze a child’s age from the date the Registration Period started till the date Status Entrant Check is possible. This period is for CSPA purposes seen as ‘Entry Pending’. For the DV 2018 Program this period is probably (!) from October 1, 2016, till May 1st, 2017, in total 213 days.

To figure out whether a child can benefit from the CSPA rule.
You must adjust your child’s real age to its CSPA age.
First ascertain how old your child is in years, months, days, on the date your Case Number becomes lower than the Cut-Off Number as indicated in the Visa Bulletin. Usually this date is the 1st day of the month the bulletin is published for.

From your child’s age on that date you must subtract the 213 days.
This gives you the child’s adjusted CSPA age on the day the Visa Numbers became available for you and your family member(s).

If the child’s CSPA age is over 21 he/she indeed ‘aged out’.
If the CSPA age is still under but close to 21 contact the KCC. Sometimes procedures can be expedited. The KCC will instruct you what to do.
In case of doubt consult an immigration attorney.

An unmarried child over 21 can immigrate later on with you as his or her sponsor but the procedure will take a number of years. A married child over 21 can immigrate too based on your sponsorship – with his/her family – but that procedure takes even longer.

It is under certain conditions possible for a child that immigrates later on, to keep the date you submitted your DV Entry as the original filing date for his/her immigration petition. The case will then automatically revert to the proper category for family-based immigration. This could mean a significantly shorter wait for the visa. Consult an immigration attorney for details.

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