How to Qualify for CSPA
|Immediate Relative||Preference Classification for Permanent Residence or Derivative|
- Must be the beneficiary of a pending or approved visa petition on or after August 6, 2002.
- The beneficiary must not have had a final decision on an application for adjustment of status or an immigrant visa before August 6, 2002.
- The child must “seek to acquire” permanent residence within 1 year of a visa becoming available. USCIS interprets “seek to acquire” as having a Form I-824, Application for Action on an Approved Application or Petition, filed on the child’s behalf or the filing of a Form I-485, Application to Register Permanent Residence or Adjust Status, or submit Form DS-230, Application for Immigrant Visa and Alien Registration from the Department of State. The date of visa availability means the first day of the first month a visa in the appropriate category was listed as available in the Department of State’s visa bulletin or the date the visa petition was approved, whichever is later.
- They are a beneficiary of a visa petition that was approved prior to August 6, 2002
- They had not received a final decision on an application for permanent residence based or immigrant visa on that visa petition prior to August 6, 2002
- The visa became available on or after August 7, 2001
- They met all of the other eligibility requirements for CSPA (see above)