CSPA AGE CALCULATION
WHY THE USCIS’S NEW POLICY FALLS SHORT |
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, fewer children will “age out” and be separated from their parents while waiting in line to get a green card.
The new policy will apply to “derivative beneficiaries” of both employment-based and family-based applicants for adjustment of status (AOS) as long as their AOS applications were pending on or after February 14, 2023.
Final Dates Chart vs. Dates for Filing Chart
In 2015, the State Department started issuing 2 separate Visa Bulletin charts for both 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.
Generally, 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 AOS applications earlier under the Dates of Filing Chart or later under the Final Action Dates Chart.
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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 is somewhat more lenient in that the USCIS will now use the dates in the Dates of Filing Chart if the agency agrees to use that chart in accepting AOS applications for a particular month.
This new policy is expected to slightly decrease the number of children who "age-out" under the CSPA age formula and can no longer get green cards together with their parents. How the New CSPA Age Policy Affects Children With Denied AOS Applications A limited number of children whose AOS applications were denied before February 14, 2023 may be eligible to file motions to reopen if:
• Their AOS applications were submitted based on the Dates of Filing Chart;
• Their AOS applications were denied by the USCIS based on the agency calculating their CSPA age based on the Final Action Dates Chart; and
• Using the Dates of Filing Chart as the basis of the CSPA age calculation, the child’s age would have been under 21.
The Government Needs to do More to Keep Families Together
The new USCIS CSPA age policy is a welcome Valentine’s Day gift, but only for a tiny number of immigrant families. CSPA was never meant to separate immigrant children from their parents. Just the opposite! |
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Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk. All content Copyright © Carl Shusterman 1995-2023, All rights reserved |
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