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Case Stories
⏳ EB-3 Dependent Aging Out - CSPA Protection Dispute - Family Preference Case
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⏳ **Case Status: Pending**
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A dependent child in an employment-based family immigration case was initially told CSPA would protect their eligibility, but upon reaching the I-485 stage was deemed over 21 and excluded. The individual is currently on an F1 student visa while the rest of the family proceeds with I-485 filing. They are seeking options to maintain immigration status and pursue a green card independently.
Family employment-based labor certification case began approximately 3 years ago. At initiation, the dependent child was advised by counsel that CSPA (Child Status Protection Act) would freeze their age for green card eligibility purposes. As the case progressed to I-140 approval and I-485 filing eligibility, the dependent was determined to have aged out (over 21) and was excluded from the family filing. The individual currently holds F1 student visa status. The family is proceeding with I-485 without the aged-out dependent. The case raises questions about CSPA calculation methodology, derivative beneficiary rights at the I-485 stage, and alternative pathways including independent EB petitions or other sponsorship routes.
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**[📎 View Original Post](https://www.reddit.com/r/immigration/comments/1scyd69/cspa_aging_out_issue_need_advice_on_options/)**
*Source: Reddit EB-3 search*
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*This post was automatically curated from online sources to share real case experiences with the community.*
CSPA age is calculated as: visa bulletin priority date cutoff date minus I-140 approval date, subtracted from the child's biological age on the date a visa number became available. A common source of confusion is that CSPA protection does not simply freeze age at the labor certification filing date — the formula depends on I-140 processing time. If the I-140 took less than a year to approve, the age reduction benefit may be limited. Dependent children in EB cases who are approaching 21 should monitor CSPA calculations closely as the case moves through each stage. Those who age out may explore filing their own EB-2 or EB-3 petition if employer-sponsored, or utilize OPT/OPT extension periods on F1 to buy time. CSPA disputes can sometimes be challenged through a Request for Evidence (RFE) response or motions, so a second legal opinion on the CSPA calculation is advisable before accepting exclusion.