Normally, when a child of a foreign national turns 21 years of age, they “age out” of being considered a child under immigration law, which could delay or prevent their ability to obtain Lawful Permanent Residency known as LPR or a U.S. Green Card. The Child Status Protection Act (CSPA) is a law designed to help certain young people (children of foreigners) keep their eligibility for United States Immigration benefits, even if they turn 21 years old during an immigration application process. What the CSPA does is pause the child’s age, so they can still be treated as a child for immigration purposes, even if they turn 21 while waiting for their green card or visa application to be processed.
In basic terms, in certain circumstances, the CSPA aids in protecting children from aging out of their opportunity to immigrate to the U.S. with their families if an immigration application process is delayed.
On September 25, 2024, the United States Citizenship and Immigration Services (USCIS) issued a Policy Manual Update with new guidance regarding the CSPA age calculation. This update addresses instances where children are not able to take the required steps toward seeking lawful permanent resident status within one year of their parent’s immigrant visa petition priority date becoming current.
Essential Highlights of the Policy
- Explaining the CSPA calculation and extraordinary circumstances – The new policy specifies how to calculate the CSPA age when extraordinary circumstances prevent an applicant from meeting the one-year “sought to acquire” rule. The general rule is that once a green card number becomes accessible, the child must take steps to apply for it (or “seek to acquire”) it within one year to benefit from the CSPA’s age protection. There is an exception to this rule available if there is a showing of extraordinary circumstances meaning that if some event happens beyond the applicant’s control such as a serious illness, natural disaster, or a near-death incident that prevented the child from applying within the one-year timeframe, they might still be able to apply for an immigration benefit from the CSPA.
- Visa Unavailability – The policy is also keen on clarifying the CSPA age calculation when a green card number becomes inaccessible (visa priority date retrogression). When a visa becomes unavailable within the one-year period, the policy permits a new one-year window to apply once the visa is again available. For people who missed the first opportunity due to extraordinary circumstances, their CSPA age is calculated using the original visa availability date.
Will I Need An Immigration Attorney to Help My Child
USCIS has amped up its services by simplifying how they handle cases where applicants face extreme circumstances beyond their control that prevent them from meeting deadlines and acquiring immigration benefits. By making the process more transparent, USCIS is making every effort to ensure constant and equal adjudication for applicants who have genuine reasons for failing to meet the “sought to acquire” stipulation. If your child’s application has been affected in some way, do not hesitate to contact your nearest immigration law firm. Feel free to contact The Gambacorta Law Office at 1-847-786-2599. Our team of attorneys will gladly help you.