For people who have children the following memo might be of interest.
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U.S. Department of Justice
Immigration and Naturalization Service
HQIAO 120/12.9
425 I Street NW
Washington, DC 20536
MEMORANDUM FOR Asylum Office Directors
Supervisory Asylum Officers
Quality Assurance and Training Coordinators
Asylum Officers
FROM: Joseph E. Langlois,
Director, Asylum Division
SUBJECT: H.R. 1209 - Child Status Protection Act ~
H.R. 1209, the Child Status Protection Act (the CSPA) was signed into law by President
Bush on August 6, 2002. The CSPA is effective immediately for asylum applications pending
on or after August 6, 2002.
The CSPA amends the Immigration and Nationality Act (INA) with respect to the
definition of “child.” Specifically, section 4 of the CSPA amends section 208(b)(3) of the INA
to read as follows:
(3) Treatment of Spouse and Children -
(A) IN GENERAL - A spouse or child (as defined in section 101(b)( 1)(A), (B),
(C), (D), or (E)) of an alien who is granted asylum under this subsection may, if
not otherwise eligible for asylum under this section, be granted the same status as
the alien if accompanying, or following to join, such alien.
. (B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDRENAn
unmarried alien who seeks to accompany, or follow to join, a parent granted
asylum under this subsection, and who was under 21 years of age on the date on
which such parent applied for asylum under this section, shall continue to be
classified as a child for purposes of this paragraph and section 209(b)(3), if the
alien attained 21 years of age after such application was filed but while it was
pending.
Memorandum for Asylum Office Directors, et al Page 2
Subject: H.R. 1209 - Child Status Protection Act
As a result of this amendment to the INA, children who turn 21 years of age after an
asylum application was filed but prior to adjudication are still considered to be eligible for
derivative asylum status. The relevant date to consider in determining whether a dependent who
has turned 21 still qualifies as a “child” for purposes of eligibility for derivative status is the date
the Principal Applicant (PA) filed the Form I-589, Application for Asylum and for Withholding
of Removal. The child must be under 21 years of age on the date that his or her parent, the PA,
filed the Form I-589. There is no requirement that the child have been included as a dependent
on the PA’s asylum application at the time of filing, only that the child be included prior to the
adjudication. This means that the PA may add to his or her asylum application an unmarried son
or daughter who is 21 years of age, but who was 20 at the time the PA filed the asylum
application.
The “filing date” is defined as the date that the Immigration and Naturalization Service
(INS) receives an application. 8 CFR 103.2(a)(7). The filing date is reflected in RAPS in the
“FILED” field of the CSTA screen. This should be the same date as the receipt date stamped on
the Form I-589, upon receipt by a Service Center. However, in the event that there is a conflict
between the filing date in RAPS and the receipt date stamped on the Form I-589, the earliest date
should be used as the filing date for purposes of determining whether a dependent was under 21
years of age at the time the PA filed for asylum.
Effective immediately, asylum applications must be adjudicated taking into account this
new provision. Asylum Office Directors must provide training on this memo as soon as
possible.
Additional procedural guidance will be forthcoming shortly regarding the impact of this
new legislation on the procedures for granting asylum Nunc Pro Tunc for individuals who turn
21 years of age after adjudication of the asylum application but before applying for adjustment of
status.
Enclosure: Child Status Protection Act
****************************************************
U.S. Department of Justice
Immigration and Naturalization Service
HQIAO 120/12.9
425 I Street NW
Washington, DC 20536
MEMORANDUM FOR Asylum Office Directors
Supervisory Asylum Officers
Quality Assurance and Training Coordinators
Asylum Officers
FROM: Joseph E. Langlois,
Director, Asylum Division
SUBJECT: H.R. 1209 - Child Status Protection Act ~
H.R. 1209, the Child Status Protection Act (the CSPA) was signed into law by President
Bush on August 6, 2002. The CSPA is effective immediately for asylum applications pending
on or after August 6, 2002.
The CSPA amends the Immigration and Nationality Act (INA) with respect to the
definition of “child.” Specifically, section 4 of the CSPA amends section 208(b)(3) of the INA
to read as follows:
(3) Treatment of Spouse and Children -
(A) IN GENERAL - A spouse or child (as defined in section 101(b)( 1)(A), (B),
(C), (D), or (E)) of an alien who is granted asylum under this subsection may, if
not otherwise eligible for asylum under this section, be granted the same status as
the alien if accompanying, or following to join, such alien.
. (B) CONTINUED CLASSIFICATION OF CERTAIN ALIENS AS CHILDRENAn
unmarried alien who seeks to accompany, or follow to join, a parent granted
asylum under this subsection, and who was under 21 years of age on the date on
which such parent applied for asylum under this section, shall continue to be
classified as a child for purposes of this paragraph and section 209(b)(3), if the
alien attained 21 years of age after such application was filed but while it was
pending.
Memorandum for Asylum Office Directors, et al Page 2
Subject: H.R. 1209 - Child Status Protection Act
As a result of this amendment to the INA, children who turn 21 years of age after an
asylum application was filed but prior to adjudication are still considered to be eligible for
derivative asylum status. The relevant date to consider in determining whether a dependent who
has turned 21 still qualifies as a “child” for purposes of eligibility for derivative status is the date
the Principal Applicant (PA) filed the Form I-589, Application for Asylum and for Withholding
of Removal. The child must be under 21 years of age on the date that his or her parent, the PA,
filed the Form I-589. There is no requirement that the child have been included as a dependent
on the PA’s asylum application at the time of filing, only that the child be included prior to the
adjudication. This means that the PA may add to his or her asylum application an unmarried son
or daughter who is 21 years of age, but who was 20 at the time the PA filed the asylum
application.
The “filing date” is defined as the date that the Immigration and Naturalization Service
(INS) receives an application. 8 CFR 103.2(a)(7). The filing date is reflected in RAPS in the
“FILED” field of the CSTA screen. This should be the same date as the receipt date stamped on
the Form I-589, upon receipt by a Service Center. However, in the event that there is a conflict
between the filing date in RAPS and the receipt date stamped on the Form I-589, the earliest date
should be used as the filing date for purposes of determining whether a dependent was under 21
years of age at the time the PA filed for asylum.
Effective immediately, asylum applications must be adjudicated taking into account this
new provision. Asylum Office Directors must provide training on this memo as soon as
possible.
Additional procedural guidance will be forthcoming shortly regarding the impact of this
new legislation on the procedures for granting asylum Nunc Pro Tunc for individuals who turn
21 years of age after adjudication of the asylum application but before applying for adjustment of
status.
Enclosure: Child Status Protection Act