USCIS UPDATES POLICY GUIDANCE FOR THE “SOUGHT TO ACQUIRE REQUIREMENT” UNDER THE CHILD STATUS PROTECTION ACT

As mentioned in a prior blog post, on February 14, 2023 USCIS updated its policy on the Child Protection Act (CSPA) age calculation for certain dependents nearing age 21 and filing for adjustment of status (I-485 or green card application).  The CSPA provides a method to calculate the dependent’s age based on the date an immigrant visa becomes available and to benefit from the calculation, the dependent must also take certain steps toward applying for the green card within one year of immigrant visa availability.  These required steps are known as the “sought to acquire requirement.” 

The USCIS has updated its Policy Manual to consider the February 14^th USCIS policy change as an extraordinary circumstance.  This is important because as an extraordinary circumstance, the February USCIS policy change may excuse an applicant’s failure to meet the “sought to acquire requirement.” 

The February 14^th policy change aims to benefit applicants who failed to meet the sought to acquire requirement and did not apply to adjust their status because their CSPA age was over the age of 21 under the old policy.  USCIS also clarified that it will consider dependents to have met the “sought to acquire requirement” if their respective applications to adjust status were pending on February 14, 2023 and submitted within 1 year of a visa becoming available based on the Final Action Dates chart and in accordance to the policy in effect at the time of the application.

For more information on this update, here are the links to the USCIS press release and respective policy alert.  If you think your dependent may benefit from this new policy, please reach out to your MU attorney.