Skip to main content

Can CSPA be applied to a Derived Citizenship Case under INA 320?

San Dimas, CA |

I meet all of the factors for derived citizenship under INA 320 except that I received my GC a few days after my 18th birthday. However, my USC father filed the I-130 and I-485 for me in 2006 when I was still 17 (even though they did not get approved until I was 18). Can I use CSPA to claim that my age was "frozen" at 17 when my father filed the I-130 and I-485 for me? If my age was indeed frozen at 17 because of CSPA, am I eligible for derived citizenship.

+ Read More

Attorney answers 4


No. Good argument though. Liked the creativity. To get citizenship as a derivative a number of criteria must be satisfied. While it is not importnat the order in which they are, all of them must be satisfied. You are lacking on one major criterion and will have to seek naturalization on your own like every body else.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


No, statutes do not bend accordingly to the prospective applicants wishes, not intended Congressional result.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602


I agree with my 2 colleagues.

Free Consultation Anywhere in USA | 626-399-4194 | |


No. CSPA does not apply to citizenship.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer