![]() ![]() USCIS clarified that because it uses the Final Action Dates chart to determine the child’s “age at the time of visa availability” a child that applies for a green card using the Dates for Filing chart could still age-out if the child’s “adjusted age” under the CSPA is 21 or older at the time of visa availability under the Final Action Dates chart. USCIS clarified that “pending time” includes administrative review, such as motions and appeals, but does not include consular returns.Īge at Time of Visa Availability : For family and employment-based applicants, the date the visa is considered available is the later of either the date of petition approval, or the first day of the month of the DOS Visa Bulletin that indicates availability for the preference category and priority date in the Final Action Dates chart. Pending Time: For family and employment-based applicants, “pending time” is the number of days between the date the petition is received and receipted by USCIS and the approval date (not priority date). I-130, I-140), a child’s “adjusted age” is calculated using the petition underlying the green card application noting that the priority date from the earlier petition could still be retained. USCIS clarified that if there are multiple approved immigrant petitions (e.g. I-130, I-140) was pending (pending time) from the child’s age on the date an immigrant visa becomes available (age at time of visa availability). Because child beneficiaries are often adversely affected by administrative delays in the process of adjudicating family and employment-based petitions, Congress enacted the CSPA to provide limited age-out protections for children who have turned 21 years old and who would have otherwise become ineligible to receive a green card under the definition of “child.”Ĭalculation: The CSPA provides a formula for calculating a child’s “adjusted age” for purposes of continued green card eligibility as a “child” even after turning 21 years old. For family and employment-based applicants, a child’s “adjusted age” under the CSPA is calculated by subtracting the number of days the underlying immigrant petition (e.g. USCIS also provided further clarification on the "sought to acquire" requirement under CSPA in light of the ability of a child to submit a green card application under either the Final Action Dates or Dates for Filing charts.Ī “child” beneficiary under the INA is a person who is unmarried and under 21 years of age. On November 13, 2020, the United States Citizenship and Immigration Services (USCIS), updated its Policy Manual to provide clarification on how how it calculates a child's age under the Child Status Protection Act (CSPA).
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