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In order to benefit from CSPA as a family preference (including VAWA self-petition), employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of when a visa becoming available to you for filing an adjustment of status application.

The visa number used by USCIS and the Department of State has been steady in FY 2023. As we are coming to the end of the year in September 2023, most Employment-Based (EB) preference category limits and overall, EB visas available are projected to be reached this month.

The CSPA was passed to address this problem by offering a way to ?freeze? a child's age for immigration purposes and maintain the child's eligibility for a green card, even if they turned 21 while their application was being processed. As a result, families are kept together and kids have a better road to citizenship.

CSPA age is calculated by subtracting the number of days the Form I-130 (or Form I-360 for VAWA self-petitioners and derivatives) was pending from the applicant's age on the date an immigrant visa becomes available to the applicant.

Under this new guidance, starting Feb. 14, 2023, USCIS will use the ?Dates for Filing? chart (Chart B) to calculate children's ages for CSPA protection purposes. This will provide children with more opportunities to secure their eligibility for permanent residence as dependents of their parents.