QUESTION

CSPA - applicability

Asked on Nov 01st, 2025 on Immigration - Virginia
More details to this question:
my kid is turning 21 this April,26 and on AOS under EB1C derivative/ priority date is Sept :2022, Concurrently filed 140, 485 in Sept 22 where final action and filing dates are current. But I-140 approved on Feb 23. can you let me know if my child is protected under CSPA. any other alternative options i should consider.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
It would appear that the child is protected under the CSPA as his age was “frozen” at the time that the priority date became current which would appear from your set of facts to have been in September 2022. He also sought to acquire his immigrant status by his having filed the I-485 application in the same month. Alternate options would not appear to be necessary. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Nov 30th, 2025 at 7:38 PM

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