Minnesota CSPA Sought to Acquire Attorney


Prior to the creation of the Child Status Protection Act (CSPA) back in 2002, if a child who was immigrating to the United States with their parents turned 21 prior to the immigration process being complete the child would lose their spot in line. When the CSPA was created it was developed to stop this from happening whenever possible, and provides relief to children who would otherwise “age out” due to government delays in the processing process. This ruling also allows for children o “seek to acquire” a visa within 365 days after a visa becomes available.

There are two steps involved with this process

  1. Subtract the amount of time that the petition for a visa was pending and held up on the governments end. In some cases an additional 1-3 months might be subtracted from the child in questions age.
  2. If the CSPA is blow 21 years of age, the child in question must obtain a green card within a year of their priority date becoming current. This can become more complicated in certain cases where the priority date becomes current and then retrogresses within a year.

Unfortunately in many cases, a child’s age is calculated to be under the 21 year mark, but due to the child not seeking to acquire a visa within the one year time frame, they are denied a green card. The Department of State (DOS) and the USCIS describe successfully seeking to obtain a visa by competing and submitting one of these forms:

  1. Form I-824 – On behalf of the child
  2. Form I-485 – Adjustment of status
  3. Form DS-230 – Application for an immigrant via

It is recommended to consult a qualified and experienced immigration attorney before filing an application, this is because according to the Board of Immigration Appeals (BIA), the “Sought to acquire” requirement might can be satisfied either by filling out the application, or proving that there having been extraordinary circumstances beyond the person in questions control. Not only does having a qualified and experienced immigration attorney help with navigating through the process, but it shows the government that steps have been taken to meet the requirement.

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 case.

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