On February 14, 2023 USCIS updated its policy on the CSPA age for certain adjustment of status application. USCIS will now use the Department of State’s Visa Bulletin “Dates For Filing” chart to determine both the “CSPA age” of an adjustment applicant and the start date of the 1-year period during which a noncitizen must seek to acquire lawful permanent residence to preserve their green card case from aging out. This policy change is effective immediately and applies to pending adjustment of status applications adjudicated on or after Feb. 14, 2023.
This USCIS policy update affects cases of noncitizens who were near the age of 21 when they started their green card process in a preference category, but their respective visas only became available after they reached age 21 or older.
Under the previous guidance, USCIS only considered a visa immediately available for CSPA purposes when the immigrant petition priority date became current under the “Final Action Dates chart” of the Department of State’s Visa bulletin. Now, under the new policy, USCIS will consider the “Dates of Filing chart” in the Visa Bulletin to accept an adjustment of status application and to calculate the CSPA age.
More information on the new USCIS policy on the Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants is available at the USCIS Policy Alert (PDF, 345 KB) and on the USCIS Child Status Protection Act page. The USCIS news alert on this topic can be found here.