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ARTICLE · 03 APRIL 2023

Child Status Protection – Important New Development

Buchanan Ingersoll & Rooney
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On February 14, 2023 United States (US) Citizenship and Immigration Services (USCIS) announced an important change regarding when an immigrant visa "becomes available" ...

United StatesImmigration
Dilip Patel
Dilip Patel
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On February 14, 2023 United States (US) Citizenship and Immigration Services (USCIS) announced an important change regarding when an immigrant visa "becomes available" for the purpose of calculating the Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status in a preference category. The change was effective with immediate effect and applies to all adjustment of status applications adjudicated on or after Feb. 14, 2023. Previously denied applicants who would be eligible under the new guidance may be able to have their decisions reopened and reconsidered.

Background:

CSPA is complex and its implementation and interpretation has been subject to much litigation. If your immigration eligibility is impacted by CSPA you should seek competent legal advice to see how the change may impact your individual situation. The following is general information but should not be relied upon as legal advice.

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