Signed into law on August 6, 2002, the Child Status Protection Act (CSPA), PL 107-208, 116 Stat.
927, INA 201 (8), address the problem of minor children who age out (turn 21 years of age) due to long processing delays and large backlogs.
It permits certain beneficiaries in family -based, employment-based and diversity-based petitions, as well as in some humanitarians programs (refugees, asylees, Violence Against Woman Act) to retain classifications as a "child" despite reaching the age of 21.
In the context of an employments-based petition, the CSPA allows the time the Form I-140, Immigrant Petition for Alien Workers, was pending to be subtracted from beneficiary's biological age at the time of immigrant visa availability on the approval date thereof, whichever is later.
INA 203 (h) (3).
Formula For Determining CSPA Age of Derivative Children: Section 3 of the CSPA provides the formula for determining the CSPA age of direct and derivative children who are beneficiaries of family and employment-based petitions, as fallows:

1. Determine the age of the child at the time an immigrant visa number becomes available (priority date of labor certification application (LCA) or of Form I-140 exempted from LCA becomes current), or the Form I-140 approval date, whichever is later;
2. Subtract from this biological age the number of days that the Form I-140 Immigrant Visa Petition was pending (from receipt date to approval date) to get the CSPA age; and
3. The child must "seek to acquire" lawful permanent resident (LPR) status (adjustment or immigrant visa) within one year of the approval of the I-140 petition or the availability of the immigrant visa, whichever is later.
   

For example, if the Form I-140 was filed in 2004, when the derivative child of the beneficiary was 19 years of age, and the priority date of the LCA of Form I-140 became available at that time (2004), but the Form I-140 petition was pending for 4 years, the biological age of the child after 4 years is 23 years, but his or her CSPA age is still 19 years.
So, he or she has not aged-out.
In effect the CSPA locks in the age of a child at an earlier date that his or her age at the time of adjudication of adjustment of status (Form I-485) in the United States or of the immigrant visa application (Form DS-230 Part I).
Meaning of "Seeks To Acquire" LPR Status: The third prong of the formula for the application of the CSPA to derivative children stated above is that the child must "seek to acquire" lawful permanent resident (LPR) status within one year of the approval of the petition or the availability of the immigrant visa, whichever is later, in order to obtain the benefits of the CSPA.
The date of immigrant availability is defined by the U.
S.
Citizenship and Immigration Services (USCIS) as the first day of the first month a visa in the appropriate category was listed as available in the Department of State Visa Bulletin.
As a statute of limitations, this one-year period within which to apply for LPR Status, as a filing deadline, has been interpreted by the Department of State as follows:

1. The date the derivative child (not his or hers parent) submits the Completed Application For Immigrant Visa And Alien Registration (Form DS-230, Part I) and its reaching in the immigrant visa system;
2. As for a "following to join" derivative child whose LPR parent is in the United States, the date the child seeks to acquire LPR status for the one year filing deadline for the immigrant visa application is the date the parent files Form I-824, Application for Action On An Approved Application Or Petition, on the Child's behalf (which can be filed with the parents I-485), or takes a "concrete step "forwards seeking LPR Status.
   DOS Cable, 03-state 15049 (1/17/03) 4422,23.
   

For example, a Form I-140 petition was filed in 2000 by a parent's employer when the derivative child was 20 years of age.
The Form I-140 petition was approved in 2002, and the immigrant visa number was current on approval.
The derivative child waited until 2004:

• To apply for adjustment of status (Form I-485) in the United Sates; or
• To submit the completed From DS-230 Part I for consular processing; or
• To take "concrete steps" towards seeking LPR status; or
• The parent filed Form I-824 with USCIS only in 2004.
  

In the four scenarios, the derivative child, although having a CSPA age of 20, is still ineligible to obtain LPR status because he or she or his her parent failed to file within one year of the I-140 Petition Approval or the availability of the immigrant visa, both 2002.
The filing in 2004 was one year too late.