Older dependent children - Child Status Protection Act
Applicants who have a teenager or close to 21 years old dependent children should carefully analyze the situation before applying for premium processing.
Before Child Status Protection Act (CSPA) came into effect, dependent children who turned 21 years of age lost the ability to obtain the green card as derivatives of their parents' green card case. However, under CSPA, to determine the derivative child's age for immigration purposes, his/her actual age at the time priority date is current is reduced by the amount of time the I-140 was pending. If I-140 is approved faster and it takes a long time for priority date to be current, less time the child is able to subtract from his/her age. This decreases the chance of protection under the CSPA. The child must seek to acquire the status of permanent resident within 1 year of priority date being current to use the CSPA.
Example:
Child is 18 years 4 months old when I-140 is filed. It takes 6 months to get I-140 approved. Child is 21 years 3 months old when priority date becomes current. Under CSPA, child can get green card by subtracting 6 months from 21 years 3 months, that is 20 years 6 months age which is less than 21 years.
However, if the I-140 were approved in 15 days, child can NOT get green card because subtracting 15 days from 21 years 3 months is 21 years 2.5 months which is more than 21 years.
