1. Basic Information
CSPA (The Child Status Protection Act of 2002) was enacted to provide relief to children who "age out' as a result of legacy USCIS delays in processing visa petitions. Prior to CSPA, an application for permanent residency as direct or derivative beneficiary child would be approved only if adjudicated before the child's 21st birthday. Upon turning 21, a child would "age out" and lose the preferential status of a child. Due to agency backlog and delays, many children aged out before their cases were completed. For cases to which it pertains, CSPA now locks in the age of the child at an earlier date in the process and preserves the status of "child" for many individuals who otherwise would "age out".

2. Three-Steps to Nail It
First, determine whether the CSPA applies. Under the revised guidance, the CSPA may apply to any case involving a petition approved on or after August 6, 2002. The CSPA applies to cases where either:
(1). The petition was filed after 8-6-02; or
(2). The petition was filed before 8-6-02 and was still pending (i.e., not yet approved) on that date; or
(3). The petition was approved before 8-6-02, but only if a final determination had not been made on the beneficiary's application before that date.

Second, if the CSPA applies to the case, then calculate the alien's age under the CSPA.The following is a simplified summary of how to calculate the alien's age in cases where the CSPA has been found to apply:
For Derivatives in Preference cases: Age is determined by taking the age of the alien on the date that a visa first became available (i.e., the date on which the priority date became current and the petition was approved, whichever came later) and subtracting the time it took to adjudicate the petition (time from petition filing to petition approval).

Third, in preference cases, verify that the alien sought LPR status within one year of visa availability. This generally means that the applicant must submit the completed DS-230, part 1 (instead of having to file a visa application) within one year of a visa becoming available. However, if the principal applicant adjusted to LPR status in the U.S. and the derivative seeks a visa to follow to join, then it shall be interpreted to require generally that the principal have filed a Form I-824 for the derivative within one year of a visa becoming available.

3. Warning
  (1). The CSPA does not apply to an alien obtaining K-2 or K-4 visas or extensions. While nothing would necessarily prohibit an alien who once was a K-4 from seeking to utilize the CSPA upon seeking adjustment, an alien who is a K-2 cannot utilize the CSPA when seeking to adjust.
(2). The child of an LPR or Derivative:
The beneficiary's age will be locked in on the date that the priority date of the visa petition becomes current, less the number of days that the petition is pending, but only if the beneficiary seeks to acquire the status of an LPR within one year of the date the visa becomes available.
(3). The CSPA does not apply to an alien obtaining K-2 or K-4 visas or extensions. While nothing would necessarily prohibit an alien who once was a K-4 from seeking to utilize the CSPA upon seeking adjustment, an alien who is a K-2 cannot utilize the CSPA when seeking to adjust.