USCIS Updates Guidance on Child Status Protection Act (CSPA) Age Calculation for Noncitizens with Extraordinary Circumstances

The U.S. Citizenship and Immigration Services (USCIS) has revised its Policy Manual to provide clearer guidelines on how to calculate the Child Status Protection Act (CSPA) age for noncitizens who demonstrate extraordinary circumstances. This update, detailed in Volume 7, Part A, Chapter 7 of the Policy Manual, aims to enhance the accuracy and fairness of CSPA age determinations for eligible applicants.

Key Highlights of the Updated Guidance:

1. CSPA Age Calculation Based on Visa Availability:
The updated policy clarifies that if a noncitizen has demonstrated extraordinary circumstances and is exempt from the “sought to acquire” requirement, the CSPA age is calculated based on the date the immigrant visa first became available. This applies as long as the visa remains continuously available for a full year without any interruptions.

2. Visa Unavailability and Extraordinary Circumstances:
In cases where an immigrant visa becomes available and then unavailable, the revised guidance allows the CSPA age to be calculated based on the date the visa first became available, provided the applicant can demonstrate extraordinary circumstances that prevented them from applying for adjustment of status before the visa became unavailable.

Addressing Policy Gaps:
The previously announced policy did not fully address how extraordinary circumstances impact the CSPA age calculation for noncitizens during the period a visa first becomes available. With this update, USCIS ensures more efficient and consistent processing of cases, especially for those with unique circumstances.

This latest guidance aims to streamline adjudication processes and offer greater clarity to both applicants and immigration professionals navigating CSPA-related matters.

For more details, visit the USCIS Policy Manual.