CSPA Age-Out Calculator

Calculate whether a child will age out of immigration benefits using the Child Status Protection Act (CSPA) formula.

Results

Visualization

How It Works

The Child Status Protection Act (CSPA) prevents children from "aging out" of immigration benefits due to government processing delays. The CSPA age is calculated by subtracting the time the petition was pending from the child's age when the visa became available. If the CSPA age is under 21, the child is protected.

The Formula

CSPA Age = Age When Visa Available - (Petition Pending Days / 365.25)
Protected = CSPA Age < 21 AND Filed Within 1 Year

Variables

  • Visa Available Age — The child's age when the priority date became current
  • Pending Days — Days from petition filing (I-130/I-140) to approval
  • CSPA Age — Adjusted age that determines eligibility

Example

A child is 20.5 years old when the visa becomes available, and the petition was pending for 400 days (1.1 years). CSPA age = 20.5 - 1.1 = 19.4, which is under 21 — the child is protected.

Tips

  • The child must "seek to acquire" status within 1 year of visa availability.
  • CSPA applies to both family and employment-based categories.
  • If CSPA age is close to 21, consult a lawyer immediately.
  • The pending time only counts from filing to approval, not afterward.
  • Automatic conversion to a different category may be possible if aged out.

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