Minnesota CSPA Age Freeze Attorney

CSPA AGE FREEZE

Prior to 2002, many children of citizens of the United States would “age out” once they turned 21 years of age, meaning that they be forced to wait years before being able to obtain their green cards, forcing many to wait on getting married and starting a family.

Since the CSPA Age Freeze was established the age of an (unmarried) child who applied along with their parents for their green card will be frozen in each of these circumstances:

  1. If the parent of the child in question is a citizen of the United States, and submits an I-130 visa petition for the child before the child turns 21 years of age. In this case, the child’s age will “freeze” at whatever it is as of the date that the I-130 is received by the government.
  2. If a parent who has a green card submits a completed I-130 visa petition for their child under the family-based 2A category (entitled: children of lawful permanent residents). If it naturalizes prior to the date that the child in question turns 21, the child’s age will stay frozen until the date that the petitioning parent naturalizes.
  3. If the parent files an I-130 visa petition for their child under the third category, (entitled married son or daughter of a United States Citizen) and the child ends up going through a divorce or becoming a widow/widower they day that they turn 21, the child’s age freezes on the date that their relationship legally changes.

In each of these cases, the child is considered to be an “immediate relative” of the United States citizens who filed the petition on their behalf. This tends to speed up the process, allowing the child to obtain their green card within months.

If the child decides to spend time abroad for either work or education, as opposed to immediately immigrating to the United States, they can be considered a child forever as long as the visa petition remains active, and the child remains single.

We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your CSPA age freeze case.

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