U.S. Citizenship and Immigration Services (USCIS) updated how to calculate age under the Child Status Protection Act (CSPA) in certain cases. The update clarifies that noncitizens who can demonstrate extraordinary circumstances may not need to meet the “sought to acquire” age requirement. The CSPA allows children to retain their status even if they turn 21 during the immigration process.

For those showing extraordinary circumstances, the CSPA age will be calculated based on when the immigrant visa first became available, as long as the visa remains available for a full year without interruption. If there’s a retrogression (a decrease in available visas) during that year, a different date will be used for the calculation. In such cases, USCIS will consider the date the visa first became available for applicants who qualify due to extraordinary circumstances, which must relate to why they didn’t apply for adjustment of status earlier.

This update is effective immediately and applies to all pending applications as of September 25, 2024.

In 2023, USCIS also revised its policy guidance on when an immigrant visa is considered available for CSPA calculations. Feedback indicated a need to clarify how age calculations are impacted by extraordinary circumstances before a visa is available, due to retrogression or which chart USCIS designates for filing. This latest update addresses those specific situations.

If you have questions about the Child Status Protection Act (CSPA) or any other U.S. immigration-related issue, please contact us. Our attorneys work with our clients every step of the way to maximize the odds of a successful outcome.