Child Status Protection Act and VAWA

The Child Status Protection Act (CSPA) prevents children who are either self-petitioning applicants or derivates from aging out of VAWA protection when they turn 21. [See INA §§ 101(f), 203(h), and 204(a)(1)(D)(iii)].

USCIS issued an interpretive memo on August 17, 2004, detailing how CSPA affects VAWA self-petitioners, derivatives, and grantees seeking adjustment of status. ['Yates Memo"].

Children who have been the victim of domestic violence or abuse may file a self-petition for VAWA relief. In order to qualify, these children must be unmarried and under 21 on the date they file the I-360 Petition. If they are over 21 or married on the date of application, they are precluded from filing a self-petition. VAWA 2005 added one exception for individuals who were eligible to self-petition when they were under 21 but failed to file before turning 21 if the domestic abuse was at least one central reason for the filing delay. [INA § 204(a)(1)(D)(v)].

Children may also obtain VAWA relief based on their being named on an I-360 petition filed by their parent due to the parent's being the victim of domestic violence or abuse. these children are classified as derivative beneficiaries, provided they are unmarried and under 21 on the day the I-360 is filed.