On February 14, 2023, the USCIS issued new guidance in it’s policy manual to update when an immigrant visa number “becomes available” in calculating a child’s age under the Child Status Protection Act (CSPA age).
Under the new policy, more children will be protected and will not “age out” and will not be separated from their parents when getting a green card.
The new CSPA policy will apply to “derivative beneficiaries” of both employment-based and family-based applicants for adjustment of status as long as their applications were pending on or after February 14, 2023.
What the new policy means?
Since 2015, the US Department of State started issuing two separate charts in the monthly Visa Bulletin for the Family and Employment categories:
(1) The Final Dates Chart which shows when an immigrant visa may be issued; and
(2) The Dates of Filing Chart which notifies applicants when they may submit required documents for their green card applications.
An applicant may submit documents sooner under the Dates of Filing Chart than under the Final Action Dates Chart. The USCIS chooses each month whether to accept adjustment of status applications earlier under the Dates of Filing Chart or later under the Final Action Dates Chart.
Until February 14, 2023, the USCIS calculated the CSPA age of a child of the applicant using the Final Action Dates Chart.
The new policy in effect since 02-14-2023, clarifies that the USCIS will now use the dates in the Dates of Filing Chart if the agency agrees to use that chart in accepting adjustment applications for a particular month.
The dated of Filing charts is often months or even years ahead of the Final Action Dates.
In announcing the policy change, USCIS mentioned that noncitizens whose adjustment of status applications were denied could file a motion to reopen (Form I-290B) with the agency. Currently, a filing fee is $675 and USCIS maintains discretion to accept such a motion if filed later than 30 days after the denial, or deny it.
New Chapter 7 - Child Status Protection Act.
Under the new policy, more children will be protected and will not “age out” and will not be separated from their parents when getting a green card.
The new CSPA policy will apply to “derivative beneficiaries” of both employment-based and family-based applicants for adjustment of status as long as their applications were pending on or after February 14, 2023.
What the new policy means?
Since 2015, the US Department of State started issuing two separate charts in the monthly Visa Bulletin for the Family and Employment categories:
(1) The Final Dates Chart which shows when an immigrant visa may be issued; and
(2) The Dates of Filing Chart which notifies applicants when they may submit required documents for their green card applications.
An applicant may submit documents sooner under the Dates of Filing Chart than under the Final Action Dates Chart. The USCIS chooses each month whether to accept adjustment of status applications earlier under the Dates of Filing Chart or later under the Final Action Dates Chart.
Until February 14, 2023, the USCIS calculated the CSPA age of a child of the applicant using the Final Action Dates Chart.
The new policy in effect since 02-14-2023, clarifies that the USCIS will now use the dates in the Dates of Filing Chart if the agency agrees to use that chart in accepting adjustment applications for a particular month.
The dated of Filing charts is often months or even years ahead of the Final Action Dates.
In announcing the policy change, USCIS mentioned that noncitizens whose adjustment of status applications were denied could file a motion to reopen (Form I-290B) with the agency. Currently, a filing fee is $675 and USCIS maintains discretion to accept such a motion if filed later than 30 days after the denial, or deny it.
New Chapter 7 - Child Status Protection Act.
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