The Child Status Protection Act (“CSPA”) freezes the age of the child at an earlier date of the immigration process, and the frozen age—rather than the child’s biological age—is used to determine eligibility for certain immigration benefits. In this way the CSPA preserves the status of “child” for many individuals who otherwise would age out.
The CSPA’s method of calculating a person’s age varies depending on the type of immigration benefit that is sought. CSPA applies to:
Derivative beneficiaries of asylum and refugee applications;
Children of U.S. citizens;
Children of lawful permanent residents (LPRs); and
Children named as derivative beneficiaries of family and employment-based visa petitions, and diversity visa applications.