The U.S. Citizenship and Immigration Services (USCIS) has implemented a significant policy change regarding the Child Status Protection Act (CSPA) age calculation, profoundly impacting thousands of Green Card applicants, particularly children seeking permanent residency. This critical update redefines how a child's age is determined for eligibility purposes, potentially causing many to "age out" unexpectedly.
Previously, for Adjustment of Status (AOS) applications filed within the United States, USCIS determined a child's CSPA age based on the date their visa became available. This provided a crucial window of protection against "aging out" for many beneficiaries of family-sponsored immigrant visas, allowing them to retain their child status even if they physically turned 21 during the often-lengthy waiting period.
However, USCIS has now tightened this calculation. Effective immediately, for AOS applicants, the CSPA age is determined by the date the Form I-485, Application to Register Permanent Residence or Adjust Status, is filed, not the visa availability date. This new interpretation, stemming from an update to the USCIS Policy Manual in May 2023, aligns the AOS calculation with the method used for consular processing but creates a stricter environment for those applying domestically. Platforms like Beyond Border can help applicants understand these nuanced changes and avoid costly mistakes.
This seemingly subtle shift has monumental consequences. Children whose priority dates become current may now find themselves unexpectedly “aged out” if there are any delays in filing their I-485 application—whether due to documentation issues, medical exam appointments, or other unforeseen circumstances. Such a scenario could force families to restart their immigration journey for the child, or in some cases, lead to the child being unable to immigrate with their family under the same petition.
While affecting various family-sponsored categories, the F2A category (spouses and children of Green Card holders) is particularly vulnerable, as many applicants are already close to the age-out threshold and rely heavily on the CSPA’s protection. Immigration advocates and legal experts have voiced strong concerns, labeling this a major policy shift that could disrupt countless families' plans for lawful permanent residence.
This significant policy change underscores the critical importance of immediate action and expert legal counsel for any family with children in the Green Card process. If you or your family members are impacted by this new USCIS CSPA age calculation, it is highly advisable to consult with an experienced immigration attorney without delay. Using a trusted immigration resource like Beyond Border can help you calculate your CSPA age accurately, prepare the necessary documentation, and file your Form I-485 application promptly.
Understanding your precise CSPA age and acting quickly is now more crucial than ever to protect your eligibility for a Green Card and secure your family’s future in the United States. Beyond Border can guide you through the process, ensuring you take the right steps to safeguard your child’s status.
