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Key Points

  • USCIS is changing its method for calculating the age of certain CSPA applicants
  • USCIS will now use the Dates for Filing chart in the Visa Bulletin to calculate the age
  • The change is designed to prevent some applicants from aging out during the immigration process
  • Individuals with pending applications will not lose their employment and travel authorization
  • Applicants whose petitions were previously denied may file a motion to reopen their application

Overview

US Citizenship and Immigration Services (USCIS) has announced an update to the USCIS Policy Manual for calculating the age for some CSPA adjustment of status applicants.

Congress enacted the CSPA to protect certain noncitizen children from losing eligibility to obtain lawful permanent resident status based on an approved visa petition by providing a method to calculate the child’s age that considers when an immigrant visa number “becomes available.”

Applicants submitting either employment-based or family-based petitions as dependents were required to be under age 21 to obtain lawful permanent residence status in the US based on a parent’s approved petition. Children who turned 21 during the immigration process may have become ineligible to enter the US based on a parent’s petition, depending on their age when the visa number became available.

USCIS has updated its age calculation method to prevent some applicants from aging out during the immigration process and adjusted the consideration of when a visa number becomes available. To do so, it will start calculating age using the Dates for Filing chart in its monthly Visa Bulletin rather than the Final Action Dates chart, previously used for calculating visa availability. The change is effective immediately. Applicants with pending applications will retain previously issued travel or employment authorization. If they are eligible to adjust their status based on the policy change, and if they have filed for adjustment of status, they will be eligible to apply for travel and employment authorization based on their pending application status.

Applicants may also file a motion to reopen a previously denied adjustment of status application if they qualify under the new CSPA calculation method using Form I-290B, Notice of Appeal, or Motion. The motion must generally be filed within 30 days of the application’s denial. USCIS has the discretion to accept or deny motions filed after the 30-day window. Motions filed late may be accepted if the applicant demonstrates that the delayed filing was beyond their control and due to a reasonable cause.

Looking Ahead

USCIS notes that the new policy will not prevent all children from aging out before an immigrant visa becomes available. It does not prevent children from losing their nonimmigrant status acquired through their parents when they turn 21.

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services (USCIS)

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