Child Status Protection Act (CSPA)

In Scialabba v. Cuellar de Osorio, a heavily-divided U.S. Supreme Court ruled against thousands of aspiring young immigrants who were included on their parents' visa petitions as minors, but who turned 21-known as "aging-out" before visas became available. Aging-out is tantamount to someone losing his place in the visa line with his parents. In the case, the majority ruled despite having waited his turn in line, the mere fact that the child aged-out means that his time was lost and the case could not be converted into a more appropriate visa category.
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There have been many cases where the parents got the immigrant visa, but the children became over 21, and therefore, the immigrant visa was denied to them. Some children were lucky and got the immigrant visa with their parents, even after they aged-out, for the reason that they qualified under the Child Status Protection Act (CSPA).
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When President Bush signed into law The Child Status Protection Act (CSPA) on August 6, 2002, it was evident that the Act sought to avoid penalizing children for U.S. Citizenship & Immigration Services (USCIS) [formerly known as INS] delays. The CSPA amends the Immigration & Nationality Act (INA) by permitting certain aliens to retain classification as a "child" under the Act, even if he or she has reached the age of 21. However, the CSPA provisions were so ambiguous that USCIS officials and American consular officers had difficulties in interpreting its language and sense. The Department of State (DOS), which interprets matter of law for American consular officers, then provided guidelines and clarifications though several cables to consular officers to enable the proper applicability of CSPA. USCIS also issued instructions to its field officers through several memorandums clarifying the applicability and implementation of CSPA.
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President Bush signed into law the Child Status Protection Act (CSPA) on August 6, 2002 which permits certain aliens to retain classification as a "child", even if the child has reached the age of 21.

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This is the third and concluding part of the series of articles with regard to the applicability of the Child Status Protection Act (CSPA) and the formula, based upon which the child who aged out may qualify to obtain immigrant visa, and other relevant information.
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