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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

Child Status Protection Act: Was your child previously denied CSPA benefits? Does your child qualify?

The Child Status Protection Act (CPSA), signed into law on August 6, 2002, permits applicants for certain immigration benefits to keep their classification as a "child" even after reaching age 21.

In 2007, the Board of Immigration Appeals held that children did not need to have Form I-485s (Application to Register Permanent Residence or Adjust Status) or immigrant visa applications pending on August 6, 2002 to benefit from CSPA, contrary to prior USCIS interpretation. (In re Rodolfo Avila-Perez, 24 I&N Dec. 78 (BIA 2007))

USCIS revised its guidance in May 2008 and now applies CSPA benefits retroactively.

  • Was your "child" denied because s/he no longer met USCIS' definition of a "child"?
  • Did your child become 21 years old or older while the application for permanent residency was pending?

If you answered yes to either question above, CSPA may provide "child" status protection. Note: If your child married, CSPA may not provide "child" status protection.

To determine your child's CSPA age, review the USCIS CSPA Fact Sheet.

If your child was previously denied Adjustment of Status solely based on a finding that s/he no longer met USCIS' definition of "child," you may file a motion to reopen without fee at any time to your local USCIS office.

To learn more about CSPA, review the USCIS CSPA Fact Sheet.

For all other inquiries, please submit DHS Form 7001 to our office.

2007 Summer Surge A Year Later: Employment Authorization Document (EAD) Processing Delays

Pursuant to 8 CFR § 274a.13, USCIS must adjudicate EAD applications within 90 days from the date of USCIS receipt of the application.

The CIS Ombudsman has been receiving numerous inquiries from customers about EAD applications pending more than 90 days.  Do you have this concern?  Then, see our suggestions below:

Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative:

  • Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a “service request.” You should receive a response to your service request within a week.

OR

  • Ask the customer service representative to request an interim card for you.  You should receive an EAD or response within a week.

Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on http://www.infopass.uscis.gov/. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.

Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email our office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts.  Please include the date and time of your call to the NCSC and the name of the customer service representative.  If you visited a USCIS office, please provide that information. We will look into your case and review how we may be of assistance.   

For all other case inquiries, please submit DHS Form 7001 to our office.

This page was last reviewed/modified on January 7, 2009.




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