The Effect of the CSPA on Asylee Refugee Derivatives

If the following events occur, does the derivative child continue to be classified as a child on or after August 6, 2002?

Events:
Classification as a Child:
  • I-589, I-590 or I-730 applications pending on or filed after August 6, 2002, and derivative child under 21 at time of filing:

Yes

  • I-589, I-590 or I-730 filed and approved prior to August 6, 2002, while derivative child under 21 and derivative turns 21 on or after August 6, 2002. No pending applications:

Yes

  • I-589 filed and approved prior to August 6, 2002, includes derivative child who turned 21 prior to August 6, 2002:

No

  • I-590 and I-730 approved and child turns 21 prior to August 6, 2002, but documentation to travel not issued as of August 6, 2002:

Yes

  • I-590 or I-730 derivatives who turned 21 and were documented for travel before August 6, 2002, and who after receiving notification failed to pick up their travel documentation until after August 6, 2002.

No. Case is no longer pending.

Prepared by Department of Homeland Security, UCSIS.