Guidance on Claims on Late Filing for Child Status Protection Act (CSPA)
An alien seeking classification as a child under sections 203(a)(2)(A) or 203(d) of the Immigration and Nationality Act (INA), or as a derivative beneficiary under INA 203(a) or 203(b), who is under 21 years of age as determined by the Child Status Protection Act (CSPA), must have sought to acquire lawful permanent residence within 1 year of the visa becoming available. In Matter of O. Vasquez, 25 I&N Dec. 817 (BIA 2012), the Board of Immigration Appeals (the “Board”) confirmed previous U.S. Citizenship and Immigration Services (USCIS) guidance that filing an application for adjustment of status or an immigrant visa meets the requirement that a beneficiary “sought to acquire” lawful permanent residence within 1 year of visa availability in order to benefit from the specified age-out protection provided by the CSPA.
