Few immigration situations are more heartbreaking than when a family finally receives immigrant visa approvals—only to discover that their child has “aged out” and is no longer eligible to immigrate with them. Unfortunately, this issue is common in long-pending green card cases, where years—or even decades—may pass between filing and final approval.
The Child Status Protection Act (CSPA), enacted in 2002, was designed to prevent such outcomes, but the rules are complex. It’s crucial for families to understand how the CSPA works, when a determination can be challenged, and what alternative options exist for an aged-out son or daughter.
What Is the Child Status Protection Act (CSPA)?
Under U.S. immigration law, a “child” is defined as an unmarried individual under 21 years of age. However, because of long visa backlogs, a child who was under 21 when the petition was filed may turn 21 before the case is approved—making them ineligible to immigrate with their parents.
The Child Status Protection Act (CSPA) helps preserve the child’s eligibility by freezing or adjusting their age for immigration purposes using a specific calculation. This formula takes into account how long the immigrant petition (Form I-130 or I-140) was pending and subtracts that time from the child’s actual age on the date the visa became available.
Depending on these calculations, some individuals older than 21 can still qualify as “protected children,” while others may not.
Step 1: Review the U.S. Embassy or NVC Determination
If a consulate or the National Visa Center (NVC) determines that your child has aged out, do not assume the decision is correct. Errors do occur, and families should have the calculation reviewed by an experienced immigration attorney.
If an incorrect determination was made, your attorney can request a review or reconsideration. Attorneys may also contact the Department of State’s LegalNet for further evaluation. NPZ Law Group has successfully challenged incorrect determinations and secured approvals for eligible clients through this process.
Step 2: Explore Options If the Child Truly Aged Out
If the CSPA calculation confirms that the child no longer qualifies as a “dependent,” there are still several ways to pursue family reunification:
- Filing an F2B Petition:
Once the parents immigrate to the United States and obtain lawful permanent resident (green card) status, they can file Form I-130 for their unmarried adult son or daughter under the F2B category. The waiting time for this category is typically 7–8 years, depending on the visa bulletin. - Considering Independent Visa Options:
The adult child may qualify for another type of visa, such as: - H-1B (Specialty Occupation)
- L-1 (Intra-Company Transfer)
- O-1 (Individuals with Extraordinary Ability)
- Student Visa Caution:
Some families consider the F-1 student visa route, especially if the child wishes to study in the United States. However, this path can be tricky because F-1 visas require nonimmigrant intent, while having an immigrant petition on file (or being listed on one) shows immigrant intent. It’s important to consult a lawyer before proceeding with this option.
Step 3: Plan Ahead to Avoid Future Age-Out Issues
Families waiting for long-delayed priority dates should proactively review their cases with an attorney—especially when children are nearing 21.
In some cases, an early review can help:
- Determine whether the child is likely to be protected under the CSPA.
- Avoid unnecessary steps in the NVC or consular process.
- Plan alternative visa strategies in advance.
Key Takeaway
Every CSPA case is unique. Two applicants with similar facts may receive different results depending on their petition type, processing time, or visa availability. The key is early review, accurate calculation, and timely legal action.
If a determination seems incorrect, don’t give up—request a review. If your child has aged out, explore other immigration paths to reunite your family.
How NPZ Law Group Can Help
At Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., our attorneys have decades of experience helping families navigate complex age-out situations under the Child Status Protection Act. We assist with reviewing embassy determinations, communicating with LegalNet, preparing family petitions, and identifying independent visa options for aged-out children.
Call: 201-670-0006
Visit: www.visaserve.com
FAQ: Aged-Out Children and CSPA
Q: Can a child over 21 still immigrate with the family?
Possibly. The CSPA allows some applicants over 21 to qualify if they meet the formula-based protection criteria.
Q: What if the embassy made a mistake in determining my child aged out?
You can request a review and, if necessary, ask LegalNet to evaluate the case.
Q: If my child is no longer protected, what are our options?
Parents can file under the F2B category after obtaining green cards, or explore other visa categories depending on eligibility.
Q: Is it better to plan before the interview?
Yes. Consulting with an immigration attorney before the visa interview helps identify whether a child might age out and allows time to plan alternatives.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.