This tool serves to determine the eligibility of derivative beneficiaries for certain immigration benefits under the Child Status Protection Act (CSPA). Its primary function involves calculating an adjusted age for the child, taking into account the time a petition was pending and potentially subtracting that period from the child’s actual age at the time of visa availability. For instance, if a child is 22 years old when a visa becomes available, and the petition was pending for 3 years, the adjusted age would be 19, potentially making the child eligible to immigrate as a derivative beneficiary.
The calculation is essential because it mitigates the impact of processing delays on immigration cases. Without this adjustment, children who aged out of the derivative beneficiary category due to lengthy processing times would be unable to immigrate with their parents. This provides families with a more equitable opportunity to remain together. The Act itself represents a significant shift in immigration law, acknowledging the often-protracted nature of the immigration process and seeking to prevent children from being unfairly penalized as a result.
