CSPA FAQs

My H-1B Visa is valid till Sep 2023. My son who is currently in India had also stamped his H-4 visa. However, he is now over 21 years of age. Can he travel to US to visit us on the same visa or he has to apply for a B-2. 

In October'20 I filed for the EB3 downgrade based on the Date of Filing, my wife and son were included in the petition. In December'20 my son filed for the F1 - I539 adjustment of status petition. In April'21 my wife, son, and I received the GC EAD Cards. In Aug '21 the EB3 Final Action Date became current for me, and my son became 21 and should be covered under CSPA. In Feb'22 USCIS approved his I-539 F1 COS petition. My son is a Senior in college doing his major in Industrial Engineering in the final semester. He is on the lookout for possible internship/employment opportunities. Does the F1 approval mean he is no longer under GC EAD? What's your recommendation on whether he should choose to be on F1 or seek employment on GC EAD?

My son turns 21 years in August, and as per the August Visa Bulletin my EB3 Downgrade petition is current. Does this means my sons is covered under the CSPA and eligible for EAD renewals? 

I am working for an S/W company, I have an 8 years Old Daughter who was born in India, I am having EB3 /priority data in July 2016, My question is, How can I ensure my child remain in the US after 21?

I wanted to understand how Child Status Protection Act (CSPA) works in the case of employment based green card (EB-2) of the parent. My priority date is of 2012 under EB2, I-140 approved. Can CSPA be used to calculate child age when my EB2 priority date becomes current? Wondering what options I have when priority date becomes current and child age is 21+

I am a child of a permanent resident and I got a I-130 approved 2003 but I was under the age and still single never been married when that was approved. Right now I posses an Employment Authorization that I have been re-applying for since 2000. Can I apply for a permanent resident?

I have a friend who got his green card recently. His sister in law was the one who applied for the green card which was filed on October 1997. His son was 14 at that time. By the time he got his green card, his son was 22, so the son didnt get the green card. Can my friend's son still get a green card under the Child Status Protection Act, or some other ruling?

My sister's F4 application was approved 1997 and she is due to go for her interview any day. My question is - I was recently made aware that although at the time the application was made and approved her 2 kids were under 21, but now 12yrs later they are both over 21. What is the next step to take. I was told she has to petition them once she is in US and the priority date will be from 1997. Is that true? How does that work?

My sister's F4 application was approved 1997 and she is due to go for her interview any day. My question is - I was recently made aware that although at the time the application was made and approved her 2 kids were under 21, but now 12yrs later they are both over 21. What is the next step to take. I was told she has to petion them onece she is in US and the priority date will be from 1997. Is that true? How does that work?