The Child Status Protection Act (CSPA) is a law designed to help certain young people (children of immigrants) keep their eligibility for U.S. immigration benefits, even if they turn 21 years old during the application process. Normally, when a child of an immigrant turns 21, they "age out" of being considered a child under immigration law, which could delay or prevent their ability to obtain Legal Permanent Resident status (LPR or "green card"). The CSPA provides a way to "freeze" the child's age, so they can still be treated as a child for immigration purposes, even if they turn 21 while waiting for their green card or visa application to be processed.
In simple terms: In some circumstances, the CSPA helps protect kids from aging out of their chance to immigrate to the U.S. with their families if the process takes a long time.
On September 25, 2024, USCIS issued a Policy Manual update with new guidance concerning CSPA age calculation. This update addresses situations where children are not able to take required steps toward seeking lawful permanent resident (LPR) status within one year of their parent's immigrant visa petitions priority date is becomes current.
Key Highlights of the Policy:
- Clarifying CSPA Age Calculation and extraordinary
circumstances: The new guidance specifies how to calculate
the CSPA age when extraordinary circumstances prevent an applicant
from meeting the rules 1-year "sought to acquire"
rule.
The general rule is that once a green card number becomes available, the child must take steps to apply for it (or "seek to acquire" it) within one year to benefit from the CSPA's age protection.
An exception to this rule is available if there is a showing of extraordinary circumstances. This means that if something unusual and beyond the applicant's control happened—like serious illness, natural disasters, or legal errors—that prevented the child from applying within that one-year window, they might still be allowed to benefit from CSPA.
In simpler terms: If something really big and out of the person's control made it impossible for them to apply on time, immigration authorities may still protect their status as a child under CSPA. Examples could include personal crises or unavoidable events that caused delays, like a medical emergency or problems with paperwork. - Visa Retrogression and Unavailability: The policy also clarifies the CSPA age calculation when a green card number becomes unavailable (visa priority date retrogresses). When a visa becomes unavailable during the 1-year period, the policy allows for a new 1-year window to apply once the visa is again available. For those who missed the first opportunity due to extraordinary circumstances, their CSPA age is calculated using the original visa availability date.
Conclusion:
This update helps clarify how USCIS handles cases where applicants face exceptional situations that prevent them from meeting deadlines. By making the process more transparent, USCIS' strive to ensure consistent and fair adjudication for individuals who have legitimate reasons for failing to meet the "sought to acquire" requirement.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
