On February 14, 2023 USCIS updated its policy on the CSPA age calculation
for certain adjustment of status application.
USCIS will now use the Department of State’s Visa Bulletin “Dates
For Filing” chart to determine both the “CSPA age” of an adjustment applicant
and the start date of the 1-year period during which a noncitizen must seek to
acquire lawful permanent residence to preserve their green card case from aging
out. This policy change is effective immediately and
applies to pending adjustment of status applications adjudicated on or after
Feb. 14, 2023.
This USCIS policy update affects cases
of noncitizens who were near the age of 21 when they started their green card process
in a preference category, but their respective visas only became available
after they reached age 21 or older.
Under the previous guidance, USCIS
only considered a visa immediately available for CSPA purposes when the immigrant petition
priority date became current under the “Final Action Dates chart” of the
Department of State’s Visa bulletin.
Now, under the new policy, USCIS will consider the “Dates of Filing
chart” in the Visa Bulletin to accept an adjustment of status application and to
calculate the CSPA age.
More information on the new USCIS policy on the Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants is available at the USCIS Policy Alert (PDF, 345 KB) and on the USCIS Child Status Protection Act page. The USCIS news alert on this topic can be found here.
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