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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) concludes that the date an immigrant visa becomes available for purposes of the CSPA age calculation should be tied to the "Final Action Dates" chart in the Visa Bulletin, rather than to the "Dates for Filing" chart.
[ID #722]
USCIS Policy Alert (PA-2018-05): Child Status Protection ActEffective Date
May 23, 2018Subsequent Trump and Court Action
November 13, 2020Age 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.
Biden Administration Action: Revoked/Replaced
February 14, 2023USCIS Updates CSPA Age Calculation for Certain Adjustment of Status Applicants
This Biden administration policy modifies the Trump-era policy identified in this entry, and revokes and replaces a key element of it.
USCIS has issued revised guidance in the USCIS Policy Manual under which it will use the "Dates for Filing" chart in the State Dept. Visa Bulletin, rather than the "Final Action Dates" chart, to determine when an immigrant visa number becomes available for the purpose of calculating a derivative child's age under the Child Status Protection Act (CSPA). Thus, the derivative child's age will "freeze" for CSPA purposes on the first day of the month when USCIS accepts filing of the child’s adjustment of status application rather than waiting for the point at which State Dept. deems USCIS to be authorized to issue the visa. The result should be fewer children aging out of eligibility.
View DocumentBiden Administration Action: Other
August 24, 20232023.08.24 USCIS Issues Clarification of Sought to Acquire Requirement under CSPA
This Biden administration action expands the impact of the administration's prior revocation of the Trump-era policy identified in this entry.
On August 24, 2023, USCIS issued policy guidance to clarify that USCIS considers the February 14, 2023 policy change identified above to be an extraordinary circumstance that may excuse the requirement that the applicant "sought to acquire" an immigrant visa within one year of eligibility. This should provide applicants with further flexibility to seek a calculated adjustment to their age under the Child Status Protection Act.
View DocumentBiden Administration Action: Other
September 25, 20242024.09.25 USCIS Additional Guidance for "Sought to Acquire" Requirement Under CSPA
USCIS issues additional updates to policy guidance for the "sought to acquire" requirement under the Child Status Protection Act (CSPA). The updated guidance clarifies: (1) that the CSPA age calculation of an applicant who established extraordinary circumstances and is excused from the “sought to acquire” requirement uses the date that the immigrant visa first became available when the immigrant visa is continuously available for a 1-year period without any intervening visa unavailability; and (2) that under circumstances where the immigrant visa became available and then unavailable, the CSPA age calculation may use the date an immigrant visa first became available if the applicant demonstrates extraordinary circumstances for not applying for adjustment of status before the immigrant visa became unavailable.
A previously announced policy did not address the effect on the CSPA age calculation for a noncitizen who was excused of the "sought to acquire" requirement due to extraordinary circumstances that existed within the period a visa first becomes available.
View DocumentCurrent Status
Not in effectMost Recent Action
September 25, 2024 Action: Other 2024.09.25 USCIS Additional Guidance for "Sought to Acquire" Requirement Under CSPAFebruary 14, 2023Acted on by Biden Administration
August 24, 2023Acted on by Biden Administration
September 25, 2024Acted on by Biden Administration
Original 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 11, 2008
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) -
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)
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
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