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.

UPDATES TO CHILD STATUS PROTECTION ACT (CSPA) CALCULATION

On February 14, 2023 USCIS updated its policy on the CSPA age calculation 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.

USCIS WILL CONSIDER AN INTERFILING REQUEST TO MEET THE “SOUGHT TO ACQUIRE” REQUIREMENT UNDER THE CSPA

USCIS has updated its Child Status Protection Act (CSPA) webpage to confirm that an interfiling request, a written request to transfer the underlying basis of a pending adjustment of status application, meets the “sought to acquire” requirement under the CSPA.

Under the CSPA, certain derivative, unmarried, child applicants for a Green Card are protected from the risk of “aging out”, or reaching age 21, before their Green Card Application is adjudicated by USCIS.

To be eligible for protection under the CSPA, an unmarried, child applicant who has filed Form I-485 must seek to acquire lawful permanent resident status within 1 year of a visa becoming available. This is referred to as the “sought to acquire” requirement.

Previously, the only ways to meet the “sought to acquire” requirement were as follows:

·         Filing Form I-485;

·         Submitting Form DS-260;

·         Paying the Green Card fee to the Department of State;

·         Paying the Form I-864 review fee to the Department of State; or

·         Having a Form I-824 filed on one’s behalf.

USCIS has clarified that interfiling is also now included in the list above, as an interfiling request meets the “sought to acquire” requirement under the CSPA.