In a significant move aimed at enhancing clarity and uniformity in immigration procedures, the latest update to the Policy Manual addresses crucial changes concerning the Child Status Protection Act (CSPA) age calculation. This update primarily focuses on determining when a visa becomes available for CSPA purposes. This article will offer a comprehensive overview of the aforementioned update.
Key Changes in the Policy Manual
The primary focus of this update is the determination of when a visa becomes available for the purposes of CSPA age calculation. The updated guidance clarifies that the availability of a visa, in this context, is determined using the Final Action Dates chart of the Department of State Visa Bulletin. This new guidance is set to apply to requests filed on or after August 15, 2025.
For adjustment of status applications pending with USCIS before August 15, 2025, the existing policy from February 14, 2023, will continue to apply. This decision acknowledges that applicants may have relied on the previous policy when they filed their applications.
Establishing Consistency Across Agencies
This policy update ensures that both USCIS and the Department of State are aligned in their use of the Final Action Dates chart when determining visa availability for CSPA age calculation. This alignment helps to establish a consistent approach for aliens applying for adjustment of status and immigrant visas, regardless of their location.
Previously, the February 14, 2023, policy led to inconsistencies in the treatment of aliens applying for adjustment of status in the U.S. versus those applying for an immigrant visa with the Department of State from outside the U.S. This update aims to eliminate such discrepancies and provide a unified framework for all applicants.
Understanding the CSPA
Under the CSPA, an unmarried alien child must generally be under age 21 to qualify for lawful permanent resident status based on their parent’s approved visa petition. If they turn 21, they may age out and lose eligibility. The CSPA was enacted to protect eligible children from losing this opportunity due to administrative delays by providing a method to calculate age based on when a visa number “becomes available.”
For the CSPA age calculation to apply, the alien must seek to acquire lawful permanent residence within one year of visa availability. This update further clarifies that if extraordinary circumstances prevented an alien from seeking such status within the one-year timeframe, they may still satisfy the “sought to acquire” requirement.
Extraordinary Circumstances and Policy Application
If an alien demonstrates extraordinary circumstances for not applying for adjustment of status during the period of the February 14, 2023, policy and before August 15, 2025, their CSPA age will be calculated under the February 14, 2023, policy. This provision recognizes the potential challenges faced by applicants during this transitional period.
USCIS claims that this recent update to the Policy Manual regarding the Child Status Protection Act (CSPA) age calculation is a step towards fostering uniformity and transparency in immigration processes. The emphasis on understanding the timing of visa availability and extraordinary circumstances provisions ensures that eligible children are protected from aging out due to administrative delays. As the immigration landscape continues to evolve, it is crucial to stay informed and adapt to these changes. If you have any questions, please feel free to reach out to Chris Prescott, Partner and Immigration Attorney at cpresscot@psbplaw.com