The United States Citizenship and Immigration Services (USCIS) has revised its policy on the Child Status Protection Act (CSPA) age calculation—a move that may have significant consequences for immigrants, particularly those holding H-1B visas and awaiting green cards.
The new guidelines will come into effect on August 15.
“We are updating the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin,” read the statement.
“We will apply the 14 February 2023 policy of CSPA age calculation to adjustment of status applications pending with USCIS before 15 August 2025, as these aliens may have relied on that policy when they filed,” the statement further said.
USCIS said the policy update ensures that both the agency and the Department of State use the Final Action Dates chart in the Visa Bulletin to determine when a visa becomes available for the purposes of CSPA age calculation.
“This establishes a consistent CSPA age calculation for aliens who apply for adjustment of status and immigrant visas. The 14 February 2023 policy resulted in inconsistent treatment of aliens who applied for adjustment of status in the United States versus aliens outside the United States who applied for an immigrant visa with the Department of State,” the statement said.
Permanent residence status for an unmarried alien child
Generally, an unmarried alien child must be under the age of 21 to obtain lawful permanent residence in the United States based on their parent’s approved petition for a family-sponsored, employment-based, or diversity visa.
If they turn 21 and ‘age out’ during the immigration process, they are generally no longer eligible to immigrate based on their parents’ petition.
