Who Qualifies for the Child Status Protection Act

Hi everyone,

I am a 24yr unmarried Canadian citizen. My parents moved to the US from Canada 8 years ago on a H1B visa with my brother and I and then filed for a green card (gc). I was 16 at that time. My lawyer for whatever reason did not petition to freeze my age before I turned 21 which led to me "aging out" long before my parents and brother got their gcs, which was near the end of last year. So after I turned 21, I couldn't stay on my parents' H1-B and had to switch to a F1 visa. We filed an I-130 after they got their gcs and that was approved in the last couple of days. Current situation: I was placed in the preference classification 203 a2b instead of a 2a which means its going to be a few years before I get a gc. Is there any way the CSPA could retroactively help my case to be classified as a 2A instead of a 2B or anything else I can do to change my status?

An upset Canadian

You have not indicated that your parents filed a petition for you prior to your reaching the age of 21, nor would that be consistent with the facts you've shared, so the CSPA is not relevant to your situation.

Clean up your language and adjust your attitude and someone may be willing to answer your question

Thank you for the reply, Mr. Knowitall. Do you know any possible ways one could switch from a 2B to a 2A, if there are any?


I apologize T53147, my emotions got the best of me.