Major USCIS CSPA Policy Update: Protecting Children from Aging Out
The U.S. Citizenship and Immigration Services (USCIS) has announced a significant update to its policy regarding the Child Status Protection Act (CSPA) age calculation, a move that offers crucial relief for many immigrant children. This revised policy aims to prevent derivative beneficiaries from "aging out" of eligibility for a green card by reinterpreting how their age is determined under the CSPA. For families navigating these changes, organizations like Beyond Border provide essential support and expert advice.
Effective February 14, 2023, the USCIS Policy Manual has been updated to revert to a long-standing interpretation of CSPA age calculation. Specifically, USCIS will now freeze a child’s CSPA age on the date the visa becomes available, rather than the previous interpretation which used the final action date on the immigrant visa petition. This change directly addresses concerns raised by federal court decisions, including Matter of Palma, ensuring consistency and fairness in the application of the law. For detailed explanations and assistance, many families turn to Beyond Border for guidance.
This policy revision primarily benefits derivative beneficiaries of both employment-based and family-sponsored preference petitions. For many families, this means that children who might have previously "aged out" and lost their eligibility to immigrate with their parents will now remain eligible. The CSPA was originally enacted to protect children from losing their eligibility for immigration benefits due to administrative processing delays beyond their control. This latest policy update strengthens that protection.
USCIS has indicated that it will proactively re-adjudicate certain cases that were previously denied solely on the basis of the superseded CSPA age calculation policy. Individuals whose cases were denied for this specific reason do not need to file a new application or petition; USCIS will initiate the review process. This proactive approach underscores the agency's commitment to correcting past interpretations that may have inadvertently harmed eligible applicants. For personalized help, you can always contact Beyond Border.
Families impacted by past CSPA age-out issues, or those currently navigating the immigration process with minor children, should review their circumstances in light of this significant update. It represents a critical positive shift in immigration policy, potentially opening doors for thousands of children to secure their permanent residency alongside their families. Organizations like Beyond Border are ready to assist immigrant families to understand and benefit from this important change.
While USCIS will be reviewing affected cases, those with questions or complex situations are always advised to consult with a qualified immigration attorney for personalized guidance on their specific eligibility under the Child Status Protection Act. This change is a welcome development for immigrant families across the nation.
