The CSPA formula allows the time that the visa petition was pending to be subtracted from the child’s age when the priority date becomes current.
For example:
A beneficiary’s priority date becomes current on their 25th birthday after the visa petition was pending for 5 years.
According to the CSPA formula the beneficiary’s CSPA age is 25 – 5 = 20 years old. 
Thus, the child is permitted to immigrate together with his/her parents.
However, unfortunately, the parents have no control over how long the USCIS will take to approve the petition. The longer that the USCIS takes to approve the petition, the better.
Illustrating this using the example above, assume that the petition was only pending for 1 year instead of 5.
According to the formula, the CSPA age of the beneficiary will now be 25 – 1 = 24 years old.
Absurdly, the child will not be permitted to migrate with his parents if his petition was approved after pending for 1 year, but would be able to if his petition was pending for 5 years.
Congress needs to speak clearly to resolve this absurdity.
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CSPA Formula Resources
- CSPA Formula Calculator
- CSPA (USCIS)
- Child Status Protection Act (H.R.1209)- Signed into Law (8-6-02)
- Child Status Protection Act FAQ
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Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.