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Child Status Protection Act (CSPA) Updates

Updated Child Status Protection Act Guidelines

USCIS has updated its policy on the Child Status Protection Act (CSPA) to clarify how it will apply the extraordinary circumstances exception to the “sought to acquire” requirement, effective August 24, 2023.

CSPA Requires Children Apply Within 1 Year

The CSPA protects certain children from losing their eligibility for an immigrant visa or adjustment of status if they age out of eligibility during the immigration process. To benefit from the CSPA, the child must have “sought to acquire” lawful permanent resident status within one year of when an immigrant visa becomes available.

  • The new policy clarifies that USCIS will consider the February 14, 2023, policy change to be an extraordinary circumstance that may excuse a child’s failure to meet the “sought to acquire” requirement. This is because the February 14 policy change made it possible for more children to benefit from the CSPA.
  • The new policy also clarifies that USCIS may excuse a child’s failure to meet the “sought to acquire” requirement if the child did not apply to adjust their status because they could not calculate their CSPA age under the prior policy or their CSPA age would have been calculated as over 21. However, the child must now be eligible for CSPA age-out protection under the new policy.
  • Finally, the new policy clarifies that USCIS will consider children to have met the “sought to acquire” requirement if their application to adjust their status was pending on February 14 and they applied to adjust their status within one year of a visa becoming available based on the Final Action Dates chart under the policy guidance that was in effect when they applied.

Here are some additional things to keep in mind about the new CSPA policy:

  • The extraordinary circumstances exception is not available to all children who fail to meet the “sought to acquire” requirement. USCIS will consider the specific facts of each case to determine whether the failure to meet the requirement was the result of extraordinary circumstances.
  • The new policy does not change the one-year deadline for seeking to acquire lawful permanent resident status under the CSPA. Children who do not apply to adjust their status within one year of when an immigrant visa becomes available will not be eligible for CSPA protection, even if they can establish that their failure to meet the deadline was the result of extraordinary circumstances.

If you have any questions about the new CSPA policy, you should consult with an experienced immigration attorney.

Learn More: What Is The Child Status Protection Act (CSPA)?

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Mario Godoy
Mario Godoy
Immigration Lawyer and Illinois Crimmigration Attorney

Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.

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