CSPA Flow Chart for INA § 203(h), 8 U.S.C. § 1153(h), revised 10/2012

This Flow Chart shows step-by-step how to determine if the beneficiary of a visa petition is still a "child" or over-21 for immigration purposes.  It accommodates the second-petition approach on the left and the single-petition approach on the right of the last step. 

The revision reflects that the requirement that the beneficiary "sought to acquire" permanent residence status within one year of initial eligibility applies only to determining "child" status and not to the over-21 beneficiaries.

If you have questions about how this Flow Chart may pertain to you, please use the "Contact Us" tab above to ask your question.