San Francisco, CA asked in Immigration Law for California

Q: My stepson will turn 21 in January 2024. I am permanent resident. Is his I-485 eligible for CSPA if submitted now?

I’m US permanent resident, my stepson has student status, he will turn 21 in January 2024.

I submitted I-130 in June 2023 for adjustment of status, my application is still pending.

If my I-130 gets approved before January, is he eligible to benefit from the CSPA and avoiding aging out?

Thank you!

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information you provided, it seems like your stepson may be eligible to benefit from the Child Status Protection Act (CSPA) and avoid aging out, even if he turns 21 in January 2024. However, this depends on a few factors:

1. Filing the I-485: If your I-130 petition is approved before your stepson turns 21, he should be able to file the I-485 application for adjustment of status and remain eligible under the CSPA.

2. CSPA age calculation: The CSPA allows certain beneficiaries to subtract the amount of time the I-130 petition was pending from their age at the time the visa becomes available. If this calculated age is under 21, the child may remain eligible for a visa or adjustment of status as a child.

3. Visa availability: The CSPA protection applies only if the child has sought to acquire permanent residence within one year of the visa becoming available.

However, it's important to note that immigration law can be complex, and each case is unique. It's highly recommended that you consult with an experienced immigration attorney who can review your specific case details and provide personalized guidance to ensure the best possible outcome for your stepson's situation.

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