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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]
View Policy Document -
Effective Date of Change
May 23, 2018 -
Subsequent Action
November 13, 2020USCIS 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.
Status:
Final/Actual
Type of Action:
Agency Directive
Subject Matter:
Immigrant Visas: Family-Based
Immigrant Visas: Employment-Based
Agencies Affected:
USCIS
Prior Policies
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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 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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