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Original Date Announced
May 23, 2018USCIS issues policy guidance regarding the Child Status Protection Act (CSPA). The guidance: (1) explains the applicability of the CSPA, including eligibility and evidentiary requirements; (2) consolidates previous guidance and incorporates judicial interpretations; and (3) explains how the Visa Bulletin charts impact CSPA eligibility determinations. [ID #722]
USCIS Policy Alert (PA-2018-05): Child Status Protection ActEffective Date
May 23, 2018Subsequent Trump-Era and Court Action(s)
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November 13, 2020
Age and Sought to Acquire Requirement under Child Status Protection Act
USCIS issues policy alert clarifying existing guidance on the Child Status Protection Act (CSPA) in the policy manual to address:
- Application of the CSPA to derivatives of widows and widowers
- Guidance for which immigrant petition is used to calculate the CSPA age for adjustment of status applicants
- The one-year “sought to acquire” requirement for permanent residence and how applicants may satisfy the requirement.
Current Status
Fully in EffectOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Immigrant Visas: Family-Based Immigrant Visas: Employment-BasedAgencies Affected: USCISPre Trump-Era Policies
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April 30, 2008
USCIS guidance memo from 2008 regarding treatment of the Child Status Protection Act.
Revised Guidance for the Child Status Protection Act (CSPA) -
Guidance previously contained in Ch. 21.2(e)(1)(i)(A), 21.2(e)(1)(ii)(A), 21.2(e)(1)(ii)(C)-(E), 21.2(e)(2)(iii)-(iv), and 21.2(e)(4)-(5) of Adjudicator's Field Manual.
Adjudicator's Field Manual Appendix 21-2e The Child Status Protection Act of 2002 (CSPA)
Commentary
AILA Comment on CSPA section of Policy Manual
The American Immigration Lawyers Association notes the omission of EB-5 derivatives from the USCIS guidance on the Child Family Protection Act.
Go to articleAILA Supplemental Comment on CSPA section of Policy Manual
The American Immigration Lawyers Association critiques the failure of the USCIS guidance on the Child Family Protection Act to treat a filing under DOS' "Dates for Filing" chart as the date on which CSPA protection is secured.
Go to article