Minnesota CSPA Formula Attorney

CSPA FORMULA

In order to avoid separating families, and having to deal with the consequences of children “aging out” the CSPA has a formula that minimizes the number of age-outs that end up happening. This allows children on a pending visa petition to “freeze” their age at whatever it was when it the I-130 or I-140 was filed. This is done by having the time that the I-130 or I-140 was pending subtracted from their age when their priority date came up.

For Example:

A beneficiary’s priority date becomes current on their 25th birthday after the visa petition
was pending for 5 years.
According to this formula the beneficiary’s CSPA age is 25 – 5 = 20 years old.
Thus, under the CSPA, the beneficiary is permitted to immigrate with his/her parents.

However, unfortunately no child has control over how long the USCIS
will take to approve their petition. In some cases, as luck would have it the longer it takes,
the better. Illustrating this using the example above, assume that the petition was only pending for 1 year instead of 5.

According to the formula, the CSPA age of the beneficiary will now be 25 – 1 = 24 years old. Regrettably, the child will now not be permitted to migrate with his parents after his petition pending for 1 year, as opposed to if his petition was pending for 5 years.

However, fortunately Congress recognized this problem and more recent amendments to the law provides protection for children under these circumstances in section 203 of CSPA. This section states that any such child who still “age-out” despite the formula will be converted to the F-2B visa category and is able to retain their parent’s priority date.

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 formula case.

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