The Child Protection Act (CSPA) is an immigration law that addresses the issue of minor children “aging out” of eligibility for immigration benefits. The Act provides relief to certain beneficiaries who would have otherwise lost their eligibility for immigration benefits due to their age.
Under previous CSPA guidance, published in May 2018, USCIS only considered a visa available for CSPA age calculation based on the Final Action Dates chart. In this case, the same applicant for adjustment of status could have a visa “immediately available” for purposes of filing the application but not have a visa “become available” for purposes of CSPA calculation. Applicants who filed based on the Dates for Filing chart would have to pay the fee and file the application for adjustment of status without knowing whether the CSPA would benefit them. To resolve the contradiction, USCIS now considers a visa available to calculate CSPA age at the same time USCIS considers a visa immediately available for accepting and processing the adjustment of status application. This update resolves any apparent contradiction between different dates in the visa bulletin and the statutory text regarding when a visa is “available.”
The new guidance is effective immediately and applies to the adjustment of status applications adjudicated by USCIS on or after February 14, 2023.
Remzi G. Kulen Esq
Kulen Law Firm P.C.
