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Can CSPA be applied to a Derived Citizenship Case under INA 320?

5 views 4 answers
I meet all of the factors for derived citizenship under INA 320 except that I received my GC a few days after my 18th birthday. However, my USC father filed the I-130 and I-485 for me in 2006 when I was still 17 (even though they did not get approved until I was 18). Can I use CSPA to claim that my age was "frozen" at 17 when my father filed the I-130 and I-485 for me? If my age was indeed frozen at 17 because of CSPA, am I eligible for derived citizenship.

Attorney Answers

4
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
No. Good argument though. Liked the creativity. To get citizenship as a derivative a number of criteria must be satisfied. While it is not importnat the order in which they are, all of them must be satisfied. You are lacking on one major criterion and will have to seek naturalization on your own like every body else.
0 upvotes
J Ferrari ·
No. CSPA does not apply to citizenship.
0 upvotes

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