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USCIS issues policy guidance regarding Child Status Protection Act

  1. Date Announced

    May 23, 2018

    USCIS 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]

    View Policy Document
  2. Effective Date of Change

    May 23, 2018
  3. Subsequent Action

    November 13, 2020

    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.

    Age and Sought to Acquire Requirement under Child Status Protection Act
Status: Final/Actual
Type of Action: Agency Directive
Agencies Affected: USCIS

Prior Policies

Subsequent Action

Commentary

AILA Submits Comments on USCIS Policy Manual Revisions Concerning the Child Status Protection Act

The American Immigration Lawyers Association notes the omission of EB-5 derivatives from the USCIS guidance on the Child Family Protection Act.

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AILA Submits Supplemental Comments on USCIS Policy Manual Revisions Concerning the Child Status Protection Act

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.

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