Generally, a child can only be a derivative on your Green Card application if they are under 21. The Child Status Protection Act (CSPA) allows you to "subtract" the waiting time from their age.
The CSPA Formula
- •Biological Age at time of Visa Availability
- •MINUS: The time your I-140 petition was pending
- •EQUALS: CSPA Age (Must be under 21)
Example Calculation
- Child's Age when Date became Current: 21 years, 4 months
- Time I-140 was Pending: 6 months
- CSPA Age: 21y 4m - 6m = 20 years, 10 months
✅ SAFE! The child is treated as if they are under 21.
Critical Requirement: Seek to Acquire
The CSPA protection is not automatic forever. You generally must take action (file I-485) within one year of your priority date becoming current to lock in this age.