USCIS Updates Age Calculation under Child Status Protection Act for Certain Adjustment of Status Applicants

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USCIS Updates Age Calculation under Child Status Protection Act for Certain Adjustment of Status Applicants

February 15, 2023

U.S. Citizenship and Immigration Services (“USCIS”) recently provided updated guidance in the USCIS Policy Manual regarding when an immigrant visa “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (“CSPA”).

The CSPA protects certain beneficiaries from “aging out” (turning 21 and no longer qualifying as a child for immigration purposes) prior to their immigrant visas being issued due to delays in visa processing. Note: An applicant must have a visa immediately available to file for adjustment of status.

Previously, USCIS would only consider a visa available for CSPA age calculation based on the Department of State’s (“DOS”) Final Action Dates chart; this led to some uncertainty. With this recent USCIS policy change, USCIS considers a visa available for CSPA age calculation based on the DOS Dates for Filing chart (i.e., at the same time that USCIS considers a visa available for accepting and processing the adjustment of status application).

This new policy guidance is effective immediately and applies to pending applications.

Please contact us at Landau, Hess, Simon, Choi & Doebley if you have any questions about this updated policy guidance. To schedule a consultation with one of our attorneys, please proceed to our Consultation Request Form.