The CSPA provides that the age-out protection took effect upon enactment on August 6, 2002 and applies to the following cases:
- Immigrant petitions that have been approved, but where no final determination has yet been made on the beneficiary's application for an immigrant visa or adjustment of status;
- Immigrant petitions pending before or after the enactment date; and
- Applications pending before the Department of Justice or Department of State on or after the enactment date.
According to the Department of State Cable, the CSPA applies to the following cases:
- Cases where the petition or visa application was filed on or after the date of enactment (August 6, 2002);
- Cases where the petition was filed prior to August 6, 2002, but was still pending on August 6, 2002; and
- Certain cases where the petition was approved prior to August 6, 2002, but only if a final determination had not been made on the beneficiary's (including derivative beneficiary's) application for a visa or adjustment of status prior to August 6, 2002.
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