Updated USCIS Policy Guidance for CSPA: What Families Should Know

Published: October 23, 2024

Preserving family unity has been a cornerstone of US immigration policy. It enables immigrants to bring their loved ones with them to the country. Unfortunately, the USCIS processing backlogs pose challenges to these efforts. Due to the backlogs, many dependent children are aging out while their parents’ immigration applications remain pending. 

Below, ALG Lawyers will discuss how the Child Status Protection Act (CSPA) helps safeguard their child status and the updated policy guidance recently issued by the United States Citizenship and Immigration Services (USCIS). 

Overview of the CSPA

Dependents’ status has limitations that impact their immigration status. For instance, they lose their status as children at age 21, making them ineligible to receive green cards through their parents’ petitions.

Instead, they must acquire a different immigration status to maintain their lawful presence in the US. Without a new status, dependents who aged out may face the risk of deportation or family separation. Because of this predicament, the CSPA was enacted to help dependents preserve their child status for immigration benefits even if they turn 21 during the application process.

Updated USCIS Policy Guidance on CSPA

USCIS recently released an additional update on its policy manual for CSPA. The new guidance CSPA doesn’t change the rule that dependents must not be married to retain child status after aging out for immigration purposes. 

Below are the key highlights of the recent policy update, which is effective immediately and applies to pending applications filed on or after September 25, 2024. 

CSPA age calculation

USCIS specifies how to calculate the CSPA age of an applicant who has demonstrated extraordinary circumstances and prevents them from meeting the “sought to acquire” requirement. Based on the updated guidance, the agency will utilize the date the visa becomes available. 

However, they can only use that date if the visa remains continuously accessible for one year. That means there should be no interference in visa issuance during that period. The clarification allows individuals to retain CSPA eligibility even if they couldn’t apply within the specified timeframe because of factors outside their control. 

Visa unavailability

USCIS further clarifies the CSPA age calculation when an immigrant visa becomes inaccessible after initially being available. In these cases, the agency may utilize the original date the visa became available when calculating the applicant’s CSPA age. 

However, that’s only applicable when the applicant establishes extraordinary circumstances and provides corresponding evidence for missing the opportunity to apply for lawful permanent residency within one year before the visa becomes unavailable. Typical instances involve serious illness, natural disasters, and administrative delays. 

Navigating CSPA Benefits Under USCIS’ New Guidelines

The CSPA aims to protect children of immigrants, allowing them to retain their child status despite reaching the age of 21 during the immigration process. Still, families must familiarize themselves with the recent updates to maximize their CSPA benefits. 

Seeking consultation with an experienced lawyer benefits those aspiring to file a CSPA application. However, for a starter, consider the following key points when filing a CSPA petition under USCIS’ new guidelines. 

Understand how CSPA age works

Calculating the CSPA age is fundamental to determining one’s CSPA eligibility. Under the updated policy guidance, considering factors such as petition filing date, priority date, and when the visa becomes available is vital to understanding the intricacies of the CSPA age. 

File your CSPA application on time

The new guidelines underscore the significance of filing within the application window to preserve your child’s eligibility for CSPA protections. Any delay can affect the outcome and compromise one’s status, making your dependents ineligible to access the CSPA benefits. 

Maintain an unmarried status

Staying unmarried is also an essential condition for qualifying for CSPA. USCIS’ policy guidance reinforces that requirement for applicants under the family-based and employment-based visa classifications. 

The CSPA no longer considers married, divorced, or widowed applicants, even if they’re below 21. Dependents must understand the impact of marriage on CSPA eligibility to make informed decisions accordingly. 

Ensure to keep detailed records

CSPA requires specific documentation. Keep detailed records of your immigration application, including receipts from USCIS, copies of forms submitted, and all correspondence received. Documenting relevant dates, such as the petition filing date, approval date, and any deadlines for submitting additional information, is vital in calculating CSPA age and ensuring compliance. 

File a CSPA Petition With ALG Lawyers

Although optional, working with a competent lawyer is crucial before filing any immigration petition. This is of paramount importance when applying for CSPA benefits. Such cases often involve extensive paperwork, and errors can cause problems, affecting one’s eligibility. 

Additionally, calculating the CSPA age can be complex. Our team at ALG Lawyers can provide tailored guidance in calculations and timely actions to preserve your child’s status and family’s interest. Arrange a consultation today to get the legal support you need.