New Hope for Child Status Protection Act (CSPA) Children

The Child Status Protection Act (CSPA) is complex, confusing, and can be extremely frustrating. A child could be petitioned years before their 21st birthday, only to be later told they don’t qualify for CSPA benefits. One such scenario is if a parent naturalized after their child’s 21st birthday. But there could be hope, as a recent court decision concluded a child was CSPA eligible by applying the child’s STATUTORY 21st birthday, rather than his/her BIOLOGICAL 21st birthday. In this video, I will explain the difference between statutory and biological 21st birthdays and whether the ruling in this case could possibly apply in your situation.
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[@shennonrichards4723]

Thank you

[@ferdinandadel3096]

greetings atty. gurfinkel, i just want to ask about something, my situation is this, year 2009 or 2010 my mom who was a green card holder at that time file a petition for me and my brother because we are already above 21 years old, so time passes, recently last month march, we received a letter from the u.s dept of state that our petition was approved, the situation is this, i got married year 2014, my mom who is now a u.s citizen since last year did not update my civil status, can you give an idea what can i do for my current situation.. I am looking forward to hearing from you atty.. thank you..--

[@navjotbala1573]

Hlo sir our priority date is 28 july 2008 Approved date 15 july 2010 my date of birth 25 march 1997 But i am not eligible for cspa please tell me what to do..

[@navjotbala1573]

Is there any chances?

[@arnoldllamoso5182]

Can you show us the mathematical computation? Just to ease our confusion. Thanks

[@lindacaballero9653]

Hi Attorney I’m just asking about my daughter, she’s over age when she was petition then was already 4 years ago now, How many years she come over here in the US? Thank you Attorney...

[@20kevron]

What about applications through derivatives for eg. a grandparent files for daughter who in turn files for their children but was aged out. Do can the children get their visa through their parents?

[@ferdinandadel3096]

greetings atty. gurfinkel, i just want to ask about something, my situation is this, year 2009 or 2010 my mom who was a green card holder at that time file a petition for me and my brother because we are already above 21 years old, so time passes, recently last month march, we received a letter from the u.s dept of state that our petition was approved, the situation is this, i got married year 2014, my mom who is now a u.s citizen since last year did not update my civil status, can you give an idea what can i do for my current situation.. I am looking forward to hearing from you atty.. thank you..--

[@mikeevansgutierrezcasanas6234]

Ooooh lord... I think this is my case 😳😳😳😳

[@md.barkatullah5084]

An US citizen filed I-130 for his sister's family in Bangladesh. We are worried if one of the children of the sister who is now 26y will be called for interview. Priority date: Mar 2007, Approval date: Oct 2010, DOB: Oct 1996. I learned about CSPA age from your KZbin video. I am not quite sure which chart in the visa bulletin should we read to see when the priority date became current. Should I read chart A. FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES. or chart B. DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS. Your kind response will be highly appreciated.

[@randysbilliards948]

If i have a granted i130 in 2019 that never got fowarded to NVC what should be my next couple of steps?

[@queensbalo]

Hi Atty. I inquired with NVC and they said that I’m eligible for CSPA. I’m a derivative of my mom who was petitioned by her sister under F4. category. We are still awaiting for our interview schedule. Now, NVC said that the final decision lies with the consul during the interview date. What should I do if the consul denies me of the visa during our interview?

[@lyledavid_]

Hi if you don’t mind me asking, how did u inquire with the NVC? I’m 20 years and 8 months old. We’re still waiting for our interview schedule. Also, do u have any updates regarding your status?😭

[@lync5437]

Hi same situation here. Any update in your case. Thank u ☺️

[@queensbalo]

@@lync5437 not yet 🥺

[@menalkhan1676]

what is your age

[@menalkhan1676]

same situation i am 21 years 7 months still waiting

[@anabelleleeb.taylor5809]

To God be the glory 🙏❤️

[@chrissalispajulas7198]

Hi Atty! If a u.s citizen who has child who is an adult and status single status and went to the u.s for a visit, and the u.s citizen applied for her adult single child petition in the u.s, is there a possibility that her adult child can just stay in the u.s while waiting for her petition approval? What will happen to the b1/b2 visa? Hoping for your reply. Thanks

[@Prometheus-nj3et]

Is the computation of CSPA same in EB3 petition and family based petition? Thank you very much for your help.

[@anabelleleeb.taylor5809]

Thank you so much ,Atty you give me a hopeGod bless you👍❤️❤️❤️

[@bhefrancisco1400]

Hello atty..I was petitioned by my father who is a u.s cit year 1995.by year time my youngest son is less than 1 year old.when the approval came he is no longer included. But when we were interviewed (husband and me) I ask somebody it u.s embassy if I can accompany my son they said yes but upon his interview he was refused.what can I do

[@foxydaisy4780]

Hello just want to ask if I am being petitioned by my parents and I have 2 minor children can I take them.with me going to the US?

[@amii4596]

Yes if your parents are US citizens and also yes if parents are greencard holders but for parents being a greencard holder you have to remain unmarried throughout the entire process unless along the line parents then neutrallizes and turns to Citizen then you can now get married but it’ll be a longer process than when you were single and parents were greencard holders.

[@amraly3346]

I am a lottery 2022, I have an interview in September, my son is over 21 years old, his date of birth is 13/2/2001, the time of submission for the lottery was 11/2/2020 and the bulletin became current for my number on 12/2/2020 What about the CSPA age account I wish you could help me please

[@sawyersallai1396]

I was petition my husband he is us citiizen.we done already pay fees and submitted all documents ww upload in ceac..i have daughter she is 11 years old,my question is can my husband include my daughter in ds 260 ? If my daughter can go with me in us?

[@n.i.m71]

My us citizen brother filled I-130 for me on 7-30-2021. my daughter's birthdate is 09-17-2007. can you please tell me will she qualify then???I mean if it will take 12-14 years to be finalized

[@corinthiannj5333]

Hi Atty. Michael, I’m from the Philippines and I was in a relationship with an American Citizen. We have a child who is almost 8months now but his father denied him and didn’t support me since day 1 of my pregnancy till now. My child’s father was here in the Philippines for several months and now I lost contact with him. I believe he is now back to the USA. My question is, can my son get a US passport or will he be eligible for US Citizenship? Your advice would be really valuable to us and thank you in Advance. More Power!!

[@mohamedahmedsleymane7209]

Thank you so much your explanation is very clear appreciated thank you so much God bless you

[@TRPyaggia]

Hi! What about Cuban adjustment act. I applied when I was 20 years old with my mom and they denied my green card given the fact that I was 21 one by the time of the interview. My mom gratefully got her green card, but I did not.

[@joselitoorigenes6773]

Thanks Atty.

[@Mughal-w6w]

IT IS A GOOD INFORMATION FOR ME AND MY FAMILY, WE ARE VERY HAPPY.

[@dianaso1197]

Hi atty i was petition by my Dad who was citizen as F3 category since i was married my Children were included as a derivative.when my priority came one of my son was not iincluded because of out age. Do you think he can still avail gor the child protection?

[@oulayakhalfouf8227]

How do we benefit from the CSPA ? Do we need to apply for it ? Or send an email to the USCIS or NVC ?

[@stephaniecitaapilado3740]

do you have an answer to this? Thank you

[@rupertopascual7303]

Hi Atty My question,Iam step father of 2 from the Philippines.I did Petition the mom and schedule for interview.Can I petition her kids now .

[@emelitapatenia4029]

Good day, sir, I was petitioned by my father under F3 category our priority date is on 2006 , our approval date is on 2010, my question is , my daughter will turning 21 this year. Is she will be aged out when our priority date will be current soon ? Can i file our visa application if the filing date will be current ,so that her aged will not affected? The filing date in the Philippines is Oct 2003 . Please help me. Thank you

[@amrutpatel1815]

Our EB -5 visa Interview was on 1st. April @ Mumbai, India but due to covid 19 office was closed. Also due to retrogation my son is out from interview, what can we do? Now his age 24 years running. Birth day 08th oct. 1997. We has submited file befor age 21 year of my son. What can we do ?

[@leokinnavasca]

My dad petition my brother and sister but my dad passed away Last years and now they receive a letter from uscis that there visa is current I already pay there visa application Can I stand as a joint sponsor in behalf of the my dad ? And also my other brother he already married now so what options we need to do now ?

[@mr.anonymous923]

Good Afternoon, My Mom petition me from Philippines to USA. I received my approved US immigrant petition accompanied with my son. Her Mom and I were not married and separated since 2013. I am the one who took care to my son since the time we're separated and nothing support came from her mother. Can I Ask a question Do I need the consent of her mother for our US petition or Not? My Son is 11 yrs old.

[@RAKESHPATEL-qv6wk]

It's a new hope and good for immigration visa holder file

[@sagarkapadia6838]

sir thodu samajavso statutory age etle su ane kevi rite calculate kari sakay?

[@jubaidaluna]

My son is 17 years old. He can do anything for our.

[@sammyantwi3152]

Please how can l set up consultation with you ? Pls advice . Urgent

[@jerardtamma6355]

How about the F3 sir i was petition by my father who is a US citizen ,i was pettion 2003 and my elder son is already 24 ,is that can be fall in statuatory case thnx so much

[@inniemor224]

Same situation sir

[@marivicromero3878]

Sir Jerard is your petition already current now? Are you from Philippines? Same question here with regards to CSPA. Does it include to F3..

[@jerardtamma6355]

@@marivicromero3878 not yet mam but my petition is august 2003 and fall to F3 category it's already near because this month of may is july 1 2003

[@jerardtamma6355]

Yes i'm from Philippines

[@navjotbala1573]

hlo sir any update.

[@ronadimalanta1100]

Can a 13years old us citizen travel alone to go to her grandparents in Hawaii? What are the documents needed?

[@yangeyang2115]

Atty. I need consultation. How to contact you?

[@jubaidaluna]

My son is 17 years old . He can do anything

[@Traveler_finds]

Hi atty iam f2b my father file petition on me sept 23 2013 and got approved Oct 18 2013.my children is 22 and 20 right now is there a chance to go with me.?hope you can help me thanks

[@jennifermanipis9210]

Is CSPA apply for K1 Visa Category Sir?

[@shennonrichards4723]

Hi attorney,my mom is a US citizen and she petition for me in 2007,was approved in 2008,,I have 4children that was under the 21 years at that time,I feel the elder 2 may not get a chance to go with me ,but I am hoping that my 3 child who is 24 can get that chance seeing that the last would go because he is 19 years old.can you shed some light on this.i am an F3 catogary.

[@navjotbala1573]

hey any update.. because my case is same as yours

[@akshitasheth9]

I am from India . We applied for F3 on 2012 .so which year file is running for USA F3 visa pls tell me sir

[@dipikapatel8521]

2009

[@rabiachaudry6721]

Is there any changes in age out f3 cases?

[@kevinshyamsinghkshatri933]

Even I have same question

[@uzairahmed6861]

Nope

[@kenji2045]

Thank you!🙇‍♂️

[@erwinarlac6517]

hi i wanto to know if am capable of going in US with my mom.. she was petitioned by my grandmother under F3 CATEGORY.. date filed feb 2003 date approved june 2009 my DOB: april 1983.. now her status is ongoing.. hope you can help to answer.. thank you

[@navjotbala1573]

Hi Erwin Arlac.. Is any update regarding your case because mine case as same as yours..i am worried about my age.. please telll me

[@navjotbala1573]

hey please help me

[@erwinarlac6517]

i am qualified and our case was now ongoing..

[@imeldalagarit3877]

Hi Attorney I’m a U.S citizen 20 year’s ago I just wonder if I can petition for my sister and family?

[@dhaliwalharjeet8750]

Any hope for kids that aged out during Covid visa ban??

[@Khulotcia]

good day mr gurfinkle my son will turn 21 and im an immigrant i will file a petition for him and also file for my citizenship. my fear is my son will age out by that time hell get approve. what are my options? he is special child

[@annastaciacallender3500]

Priority date: 22 Jan, 2007 Approval date: 20 July 2009 DOB: 29 August 1988 Current date on visa bulletin: 08 February 2007 No Doc's were submitted but my name came up on the interview letter which is scheduled for Thursday should I attend or what should my mother ask? What are the clauses?? Am I eligible would I be able to get green card?

[@bansipatel9158]

Hey Same case as mine please let me know what happens....

[@zielcosmetics9801]

Yes, please!

[@navjotbala1573]

mine case same as yours

[@ednatiki1212]

Hi my visa was issued 2months to my birthday Please must i enter the us before 21

[@ednatiki1212]

My parent is a us citizen filled for me in 2019 i was Interviewed in 2022 i will so be 21 does that affect my entry i have my visa already

[@richelleburden8068]

@@ednatiki1212 Are u done with your interview?

[@rekhashah9230]

what about f3 category child

[@vijaysoni6351]

if a child ages out even with CSPA when his parents get GC from their EB2 category, can they apply for his F2B case using the old EB2 I-140 priority date, or he gets a new priority date as of date of F2B application? If they can retain their old EB2 i140 priority date for f2b application for son, then f2b case will be faster.

[@donnabatson5100]

What of f3 age out

[@khadijaakram6423]

Hi, is it also apply to derivatives of f4 visa?

[@krisam12345]

Good question, Unfortunately no for the F4 category :( (My guessing)

[@lyledavid_]

I believe it does.

[@lauraa628]

Thank you for this video. I'm a permanent resident who petitioned my son in October 2019 and he was 20 yrs and 4 mos. old at that time. His petition was approved last January 2021. Does USCIS automatically recognize if the beneficiary is eligible under CSPA?

[@joeyreynoso1462]

You have to write USCIS about your child age, i did the same thing to my son. My son was under 21 when his petition was approved , CSPA was appoved by USCIS but the Consulate in Manila denied him during interview their reason is that he is not eligible for he age out which i don't understand makes me sad.

[@lyledavid_]

@@joeyreynoso1462 Hi po. omg same case here, im an accompany to my father who’s the principal applicant. I am about to be 21 on November and I still don’t have any updates 😭💔 But we already paid all the fees and passed all the documents needed. just waiting for the interview date. Ilan taon po sya exactly ng maapprove ang petition? And ilan taon po sya during the interview? Sorry for asking, wala po kasi ako mapagtanungan😭😭

[@lyledavid_]

@@joeyreynoso1462 Tsaka this year lang po ba yan during covid?😭 Kinakabahan po kasi ako ng sobra sa case ko…

[@joeyreynoso1462]

@@lyledavid_ it took 1 yr ng maaprove tapos 1 1/2 yr interview. Denied siya. 3 US lawyers nag sabi nadapat di siya debied accding to CSPA LAW. Kaso wala talaga eh. So ngayun nandito na ako s CEBU mag stay kasi namatay ang wife ko last April.. forget about American dream mas importante mga anak ko. Nag open ako ng Dental clinic dito. Happy with my 2 sons.

[@lyledavid_]

@@joeyreynoso1462 how do you write to uscis po to inquire about cspa age? and i’m sorry to hear about what happened to your wife… some things, including the american dream, are not meant for us… stay safe po!!💖

[@joymejia1272]

hello I am F3 visa, petitioned by my dad - my question... how can i bring my son , if he is 24 y/0 already this year...thankyou! for your reply asap!

[@inniemor224]

We have the same issue maam. 🥺

[@joymejia1272]

@@inniemor224 they have no reply at all...

[@navjotbala1573]

mine same to

[@joymejia1272]

I messaged NVC.. about cspa.. they answered but it takes time.. try to messaged them those who have issues regarding their children.. hope this will help..

[@navjotbala1573]

ok thanku mam..i am 24 years old and worried about my age

[@joeyreynoso1462]

This is exactly what happened to my son, his petition was approved when he was under 21 yrs old. We have submitted a CSPA computation to USCIS to apply the Law in behalf of my son which they approved. His petition was approved 2016 and only had his Visa interview May 2019 , after 3 years. The US Consul Manila after sending us letter that they have review my sons Documents and only need to bring Affidavit of support.... During interview he was denied by the Consul, This was after they let him sign documents that he is single and also that he agreed in joining US Military when called. My whole family cried that day for weeks we suffered the pain..Until this day i dont know what to do . Please help us.

[@amii4596]

What’s your child’s priority date and approval date and also his exact date of birth and country..that will help me in determining whether he was eligible for cspa protection or not.

[@joeyreynoso1462]

@@amii4596 My Childs Details DOB: 08/20/1995 Priority Date: 10/28/2015 Approval Date: 06/13/2016 Country: Philippines My son is Single.. Thank you for your time.

[@amii4596]

@@joeyreynoso1462 I just calculated his cspa age as at November 2017 when his priority date became current for a visa in chart A of the visa bulletin and by that time your son was already 22year plus and the pending time between the priority date and approval date is 8months(june 13 2015 - oct 28 2016 is 8months), so with 8months subtracted from his age at 22 was 21years plus and that made him not to be protected by cspa cause you have to be below 21years in your cspa calculated age for you to be eligible for a visa under f2a. So unfortunately his category had to be changed to f2b at time of interview and f2b is at sept 2012 for Philippines..meaning he have more 4 years to go..its well. If his pending time was long or if his case took a bit longer before being approved then he would have been protected by cspa under f2a. Sorry for the time added to his case..its well. N.b: f2b is unmarried adult children(21 and above) of a greencard holder. If you neutralize and become a citizen then his category will be changed to F1 on your request to the nvc and F1 is faster than f2b for Philippines and is at 2012. F1 is unmarried adult children of a US citizen.

[@joeyreynoso1462]

@@amii4596 Thank you

[@ifthikarali6741]

@@amii4596 good job brother👍