Page 38 - The Indian EYE 032026
P. 38
IMMIGRATION MARCH 20, 2026 | The Indian Eye 38
Trump Administration Erroneously
Freezes Child’s Age under the
Child Status Protection Act
Upon Approval of Visa Petition
Rendering It Virtually Ineffective
BY CYRUS D. MEHTA AND age under the Child Status … “a visa becomes month of the Department of a child’s CSPA age should
Protection Act (CSPA), and available for the purposes State Visa Bulletin that indi- be reduced by “the number
KAITLYN BOX* agreed to use the Dates for of Child Status Protection cates that a visa is available of days in the period during
I n early 2023, under the Filing (DFF) to protect the Act age calculation based in the Final Action Dates which the applicable peti-
on the Final Action Dates
tion described in paragraph
chart.
age of the child. In 2025,
Biden
administration,
chart of the Department of
(2) was pending”.
however, under the Trump
USCIS had reversed
Because INA 245(a)(3)
its longstanding policy of administration USCIS again State Visa Bulletin. The new Nothing in the plain text provides that an applicant
changed course and revert-
guidance applies to requests
recognizing only the Final ed to its prior policy, stating filed on or after August 15, of INA 203(h)(1)(A), is eligible for adjustment of
Action Dates (FAD) in the in an August 8, 2025 Policy 2025. We will apply the Feb. status if “… an immigrant
State Department Visa bul- Alert that: 14, 2023, policy of CSPA age however, states that the visa is immediately available
letin as protecting a child’s
calculation to adjustment I-140 petition must be to him at the time his appli-
of status applications approved in order for cation is filed”, a visa num-
pending with USCIS ber should be available at
before August 15, 2025, a child’s age to freeze the time that USCIS accepts
as these aliens may have for CSPA purposes. The an I-485 application for pro-
relied on that policy cessing, even if it is based on
when they filed. same logic also applies a concurrently filed I-130
We discussed this to I-130 petitions filed or I-140 petition and or the
policy change at length Dates for Filing in the Visa
in a prior blog post. concurrently with I-485 Bulletin prior to August 15,
Now, USCIS seems applications. This pro- 2025. After August 15, 2025,
to have made another a visa number should be
CSPA-related policy vision states only that available if it is based on a
change in the August 8, a child’s age is protect- concurrently filed I-130 or
2025 update to the US- I-140 and I-485 application
CIS Policy Manual with- ed for CSPA purposes based on the Final Action
out any public notice. when: Dates.
Immigration lawyers are This interpretation is
increasingly seeing deni- consistent with the purpose
als of I-485 applications “the age of the alien on of the CSPA, which is to ad-
for derivative children the date on which an immi- just an applicant’s age in cir-
that were filed concur- grant visa number becomes cumstances where they are
m of rently with an I-140 pe- available for such alien (or, not able to file an I-485 until
CYRUS D. MEHTA & PARTNERS PLLC tition under the Dates in the case of subsection (d), after reaching the biological
for Filing in the Visa
the date on which an immi-
age of 21. Invoking CSPA is
Bulletin if the child was grant visa number became unnecessary when a deriva-
over 21 by the time that available for the alien’s par- tive applicant has been able
the I-140 petition was ent), but only if the alien has to file her I-485 before turn-
later approved. USCIS’ sought to acquire the status ing 21.
current policy is that a of an alien lawfully admit- Similarly, he plain lan-
visa becomes available ted for permanent residence guage of INA 203(h)(1)(A)
on the later of: within one year of such avail- requires only that immigrant
The date the peti- ability…”. visa number is available
2 6th Floor tion was approved; or Additionally, INA without making reference
The first day of the 203(h)(1)(B) clarifies that to the approval status of the
www.TheIndianEYE.com
