Risk of Interfiling on a Child's CSPA Eligibility

This article from Murthy Law Firm addresses the complex intersection of interfiling and the Child Status Protection Act (CSPA) in employment-based immigration cases, including EB-3 petitions. The CSPA was designed to protect children of immigration petitioners from aging out of dependent status while waiting for visa availability. However, certain procedural decisions — such as interfiling, which involves moving a petition from one preference category to another — can affect how CSPA protections apply. For EB-3 applicants with derivative children, understanding the implications of interfiling is critical. When a principal applicant interfiles to a different category (such as from EB-3 to EB-2), the child's CSPA age calculation may be affected, potentially causing the child to lose protected status and age out of eligibility. Applicants considering interfiling should carefully evaluate the impact on their children's immigration status before proceeding. Consultation with an experienced immigration attorney is strongly recommended to assess whether the benefits of interfiling outweigh the risks to dependent children's CSPA protection. Note: The article content was not fully readable due to encoding issues, so this summary is based on the article title and source context.