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ARTICLE · 30 MARCH 2023

USCIS Redefines Dates For Filing Chart Application As To Child Status Protection Act Age

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United States (US) Citizenship and Immigration Services (USCIS) provided welcome updated guidance to its Policy Manual regarding when an immigrant visa "becomes available" for the purpose...

United StatesImmigration
Ian Nesteruk
Ian Nesteruk
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United States (US) Citizenship and Immigration Services (USCIS) provided welcome updated guidance to its Policy Manual regarding when an immigrant visa "becomes available" for the purpose of calculating the Child Status Protection Act (CSPA) age for certain foreign national derivatives. The updated guidance was effective immediately on February 14, 2023. Under previous CSPA guidance, published in May of 2018, USCIS only considered an immigrant visa available for CSPA age calculation based on the Final Action Dates chart. Now, the Dates for Filing chart provides relief to certain CSPA derivative applicants for immigrant visas.

  1. CSPA Background

  • A foreign national child must be under the age of 21 and unmarried in order to obtain a permanent residence (green card) based on a parent's family-based or employment-based immigration case. If a child turns 21 during the application process (even while the permanent residence/adjustment application is pending),

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