Establish Age Bulletin For Free

In its February 2023 guidance, USCIS finally adopted this recommendation, acknowledging that ?the same applicant for adjustment of status could have a visa 'immediately available' for purposes of filing the application but not have a visa ?become available? for purposes of CSPA calculation?, and stating that ?USCIS has ...

How Do You Qualify For CSPA? You must have a pending or approved visa petition for permanent resident status (Form I-130). You must not have had a final decision on an adjustment of status application or immigrant visa before Aug. 6, 2002. You must pursue permanent residence within one year of a visa becoming available.

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.

Two prerequisites must be satisfied for the immigrant visa to be regarded as available for CSPA purposes: The I-140 petition needs to be approved, and. The visa must be available for the priority date and immigrant preference category.

In order to qualify for CSPA: The applicant must have had a qualifying Registration for Classification as a Refugee (Form I-590) or Refugee/Asylee Relative Petition (Form I-730) pending on or after the CSPA effective date; and.

Child Status Protection Act allows children to secure permanent residence as dependents of their parents, even after turning 21. The new policy change will allow a greater number of dependent children to qualify for protection under the CSPA.

CSPA age is calculated by subtracting the number of days the petition was pending from the applicant's age on the date an immigrant visa becomes available to the applicant. Applicant must seek to acquire lawful permanent residence within 1 year of the visa becoming available.

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.

Before the CSPA, if a child turned 21 before the I-730 was adjudicated, she would have aged out and been found ineligible for derivative asylum status. After the CSPA, the child may follow to join so long as they were under 21 at the time the parent filed for asylum.

The CSPA added section 201(f) for applicants seeking to qualify as Immediate Relatives and section 203(h) for applicants seeking to benefit under a preference category, including derivative beneficiaries.