A derivative beneficiary is a foreign national who cannot be directly petitioned for, but who can follow-to-join or accompany the principal beneficiary based on a spousal or parent-child relationship.
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When a derivative beneficiary of a family-sponsored preference petition (such as F4) reaches the age of 21, they are no longer considered a “child” for immigration purposes. Instead, they are classified as an “adult” or “aged-out” child.
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Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (“CSPA”) in August 2022 to protect certain children from “aging out.”
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Have questions, let’s chat! Send me an email to [email protected].
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Disclaimer: This post is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
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The Child Status Protection Act (“CSPA”) does not change the definition of a child. Instead, the CSPA provides a method for calculating a person’s age to see if they meet the definition of a child for immigration purposes.
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The CSPA applies to noncitizens abroad who are applying for an immigrant visa through the Department of State (“DOS”) as well as noncitizens physically present in the United States who are applying for adjustment of status through the U.S. Citizenship and Immigration Services (“USCIS”).
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Disclaimer: This post is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.
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I was recently reading an article featured by American Immigration Lawyers Association on 31 ways to attack procrastination and change your mindset in regards to starting and completing challenging tasks. The article featured this quote by Sigmund Freud that stood out.
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I read books every day, throughout the day, on self-help, personal development, business development, etc. I absolutely love them. It is my way of finding inspiration for all aspects of my life. What is your go-to way to seek inspiration?
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Green Card F4 – Question/Answer Question: If a child was originally part of an F4 petition, but by the time the case becomes active in the final action chart, he is above 21, will he be still considered a child for immigration purposes? I’ve read there has been some recent updates in CSPA. […]
