The United States Citizenship and Immigration Services (USCIS) recently released new guidance in its Policy Manual about the Child Status Protection Act (CSPA). More specifically, the USCIS is now advising to better update when an immigrant visa number becomes available so that a noncitizen’s age can be properly calculated. Read on to discover more about the CSPA age calculation update and how a seasoned adjustment of status – immigration attorney in WI, at the Sesini Law Group, S.C., can walk you through this.
How did the CSPA age calculation previously work?
Usually, a child is eligible to obtain permanent resident status in the United States if one of their parents receives an approved petition for a family-sponsored or employment-based visa. With this, a child generally has to be under the age of 21. And if the child exceeds the age of 21 during this application process, then they will no longer be eligible to immigrate to the United States based on their parent’s petition alone.
Notably, the Department of State’s Visa Bulletin is the tool that determines when a visa number becomes available. This bulletin is comprised of two charts, namely the Dates for Filing chart and the Final Action Date chart. With the USCIS’ previous guidance, the CSPA age calculation for an available visa number was based solely on the Final Action Date chart, which is a later date than that of the Dates for Filing chart.
How does the CSPA age calculation now work with the update?
But now, with the USCIS’ new guidance, the Dates for Filing chart can be used to make CSPA age calculations. With this being an earlier date than provided by the Final Action Date Chart, noncitizen children now have an increased opportunity in being eligible for an adjustment of status under their parent’s petition.
Of note, this updated guidance is being applied effective immediately, and it is being applied to pending applications. Meaning, noncitizen children with a pending applications may now have their CSPA age calculation to be converted back to under the age of 21.
In addition, this updated guidance allows noncitizen children who have been previously denied an adjustment of status to file a motion to reopen their application. They can do so via Form I-290B, otherwise known as the Notice of Appeal or Motion. And while this motion generally must be filed within 30 days of receiving a decision, there may be some excused untimely filings after this new guidance has been implemented. This is so long as a noncitizen child can demonstrate that their delay was reasonable and beyond their control.
If you require more information on the CSPA age calculation update, do not hesitate in communicating this with a competent adjustment of status immigration attorney. Call us today.