Updates to Age Calculation for Certain Adjustment of Status Applicants
USCIS made updates to age calculation for certain adjustment of status applicants on February 14, 2023. They also updated how they calculate the age of child beneficiaries for immigrant visas under the Child Status Protection Act (CSPA). CSPA was enacted in 2002 to prevent some child beneficiaries from aging out of child status. It also allows them to adjust their status with their parents. Previously, a child under the age of 21 may be eligible to obtain lawful permanent resident status in the United States through their parent’s approved petition for a family-sponsored or employment-based visa. However, if the child turns 21 and “ages out” during the immigration process, they are no longer able to gain legal residence on their parent’s petition.
U.S. Citizenship and Immigration Services (USCIS) will now rely on the Dates for Filing chart to determine the age of noncitizens who are applying to adjust their status. This change in policy offers more certainty to those eligible. It also has additional benefits such as eligibility to apply for employment and travel authorization while their application is pending, without losing previously issued authorizations.
- The Dates for Filing chart is in the Department of State’s Visa Bulletin. It is used to determine when a visa number becomes available.
- This USCIS policy change is effective immediately and applies to pending applications.
- Noncitizens who are eligible to adjust their status under this new guidance may also be eligible for other immigration benefits, such as protection against removal or cancellation of removal.
Noncitizens may file a motion to reopen their previously denied adjustment of status application with USCIS by using Form I-290B, Notice of Appeal or Motion within 30 days of the denial. USCIS has the discretion to waive the 30-day deadline if the delay was beyond the non-citizen’s control.
It’s important to consult an experienced immigration attorney. Especially if you need information on age calculation for certain adjustment of status applicants and any other related immigration matters,
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