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IMMIGRATION NOVEMBER 01, 2024 | The Indian Eye 34
USCIS’ Change in CSPA Policy
Can Help Aged Out Children
Who Missed Out During the
October 2020 Visa Bulletin EB-3
Advance for India
BY CYRUS D. MEHTA AND age calculation of an appli- cumstances where the immi- for CSPA age-out protection months later. In its latest
cant who established extraor- grant visa became available under the new policy; and guidance, USCIS addresses
KAITLYN BOX
dinary circumstances and is and then unavailable, the Clarifies that the agency this scenario, clarifying that
excused from the ‘sought to CSPA age calculation may considers applicants to have October 1 would be consid-
n September 25, 2024, acquire’ requirement uses use the date an immigrant met the requirement if their ered the date the visa first
USCIS announced
Othat it had updated the date that the immigrant visa first became available if application to adjust their became available for CSPA
visa first became available the applicant demonstrates
status was pending on Feb-
age calculation purposes.
guidance in the USCIS Poli- when the immigrant visa is extraordinary circumstances ruary 14 and they applied to The USCIS Policy Manual
cy Manual Child Status Pro- continuously available for a for not applying for adjust- adjust status within one year provides the following hypo-
tection Act (CSPA) age for 1-year period without any in- ment of status before the of a visa becoming available thetical:
noncitizens who demonstrate tervening visa unavailability; immigrant visa became un- based on the Final Action A visa first becomes
extraordinary circumstances. and available.” Dates chart under the policy available to the prospective
The new guidance: Clarifies that under cir- USCIS’ latest guidance guidance that was in effect applicant for accepting and
“Clarifies that the CSPA
builds on policy guidance when they applied.” processing their application
it previously issued on In a previous blog, we on October 1, 2020, and the
February 14, 2023, clar- discussed USCIS’ 2023 guid- visa remains available to the
ifying that it “considers ance at length. Due to US- prospective applicant un-
a visa available to cal- CIS’ pre- February 14, 2023 til December 31, 2020. The
culate CSPA age at the guidance, some noncitizen visa was only available for 3
same time USCIS con- children may not have ap- months and was therefore
siders a visa immediate- plied to adjust status because not available for a continu-
ly available for accepting a visa was not available to ous 1-year period. As of Jan-
and processing the ad- calculate their CSPA age un- uary 1, 2021, the prospective
justment of status appli- der the prior policy or their applicant cannot apply for
cation”. In August 2023, CSPA age would have been adjustment of status because
USCIS issued further calculated to be over 21 years a visa is no longer available.
policy guidance which: old. If these noncitizens ap- A visa becomes available
“Explains that US- plied to adjust their status again to the prospective ap-
CIS considers the Feb- under the February 14, 2023 plicant on July 1, 2021. The
ruary 14 policy change guidance, they could claim prospective applicant applies
to be an extraordinary an exception to the one-year for adjustment of status with-
circumstance that may “sought to acquire” require- in 1 year, on June 15, 2022.
excuse an applicant’s ment if the delay in filing was Although USCIS provides
failure to meet the the result extraordinary cir- the applicant with another
‘sought to acquire’ re- cumstances. 1-year period to seek to ac-
m of quirement; USCIS’ 2023 guidance quire because the visa was
Clarifies that the
CYRUS D. MEHTA & PARTNERS PLLC agency may excuse an left unclear what it would first available for less than a
consider to be the date an year, the applicant includes
applicant’s failure to immigrant visa first became an explanation and evidence
meet the requirement if available in the case of ret- demonstrating extraordinary
they did not apply to ad- rogression. In the October circumstances for not apply-
just status because they 2020 visa bulletin, for ex- ing for adjustment of status
could not calculate their ample, priority dates (which during the first visa availabil-
CSPA age under the pri- were the Dates for Filing) ity period between October 1
or policy or their CSPA for many India-born benefi- and December 31, 2020. US-
age would have been ciaries with approved EB-3 CIS determines, as a matter
2 6th Floor calculated as over 21, I-140 petitions became cur- of discretion, that the appli-
but they are now eligible rent, only to retrogress a few cant established extraordi-
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