What is the Child Status Protection Act?

One of the dangers an undocumented immigrant family faces is having their children deported back home. Many have come to this country in hopes of giving their child a better life. However, the law is the law and even if you become a U.S. citizen before your child does, there is the fear of your child being deported when he/she comes of age. Yet, there is help for you and your child.

In 2002, the U.S. government passed the Child Status Protection Act (CSPA). This law is meant to protect those who are 21 that have yet to have their green card application approved by the U.S. Citizenship and Immigration Services and the U.S. Department of State. The green card process can be extremely lengthy and if a child turns 21 before the petition is approved, they may “age out.”

What can happen is when a child turns 21, if that child is still awaiting approval then their application could be even more delayed or the child could no longer be eligible for a green card. However, the CSPA changes things. Before, a U.S. citizen needed out to file a Form I-130 way in advance of their child’s 21st birthday so that child would not age out. However, with CSPA, as long as the UCIS receives that form before your child turns 21, that child will be considered an “immediate relative,” and are not subjected to statutory limits as well as face a shorter time in receiving a green card.

It’s important to note that you need to be a U.S. citizen so your child can be granted immediate relative status. If you are a permanent resident, for instance, then your child will not be eligible. The same goes for married children. However, if your child divorces before he/she is 21, then your child is eligible again to be an immediate relative. Confused? It can be. That’s why it’s best to speak with an immigration attorney about these matters.

If you or a loved one is being detained by ICE, you will need an immigration bond to get them out of detention. Contact the Houston immigration bondsmen at Freedom Federal Bonding Agency now.

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