Applications

Child Protection Act

Who is eligible for the Child Status Protection Act (CSPA)?

The CSPA may apply to any immigrant visa application in cases in which:
 

1. The immigrant petition was approved on or after 8/16/2002.
   
2. If the immigrant petition was approved before 8/6/2002:
   
• The alien aged out on or after 8/6/2002; or
• If the alien aged out before 8/6/2002, the alien was refused a visa under 221(g) between 8/6/2001 and 8/5/2002.
  
3. For immigrant visa preference (family or emplyment-based) applications, the calculated alien's age using the age formula below is under 21.
   
4. For IR2 immigrant visa applications, age is determined using the age of the child on the date the immigrant petition was filed.

Worksheet for Calculating Age

1. Alien's Date of Birth:

2. Date Immigrant Petition Filed:

3. Date Immigrant Petition Approved:

4. Length of Time Immigrant Petition Pending (#3 minus#2):

5. Date Immigrant Petition Became Current (i.e. Date Immigrant Visa Became Available)

6. Age of Alien on Date Immigrant Visa Became Available (#5 minus #1)

7. Age for CSPA Purposes : Age at Time Immigrant Visa Became Available Minus Length of Time Immigrant Petition Pending (#6 minus #4): If this number is below 21, CSPA applies.

 In immigrant visa preference cases, the alien must submit the completed DS-230 within one year of a visa becoming available.

 If the principal applicant (PA) adjusted to Lawful Permanent Resident (LPR) status in the U.S., the PA must have filed an I-824 for the child within one year of an immigrant visa becoming available.

"A Visa Becoming Available" means that a priority date is current for family preference cases and a petition is approved for employment preference cases.

 

For immigrant visa (IV) inquiries,  please e-mail us at seouliv@state.gov

The U.S. Embassy is closed on both U.S. and Korean holidays.

Updated 2006-02-27