On 6 May 2008, USCIS announced guidance, effective immediately, on its interpretation of the Child Status Protection Act (CSPA). The CSPA "permits applicants for certain immigration benefits to retain classification as a child even if he or she has reached the age of 21." This new guidance extends the CSPA coverage to foreign nationals who had an approved visa petition prior to the enactment of the CSPA, but who did not have a pending application for permanent residence on the date of enactment. Individuals who were previously ineligible, and who never filed an application for permanent residence, may now file an application for permanent residence. Additionally, individuals who filed an application for permanent residence after the enactment of the CSPA, but were denied solely because they had aged out, may file motions to reopen or reconsider with USCIS without a filing fee.

For more information please contact Ortega-Medina & Associates, http://www.Ortega-Medina.com