On February 14, 2023 USCIS updated its policy on the CSPA age calculationfor certain adjustment of status application. USCIS will now use the Department of State’s Visa Bulletin “DatesFor Filing” chart to determine both the “CSPA age” of an adjustment applicantand the start date of the 1-year period during which a noncitizen must seek toacquire lawful permanent residence to preserve their green card case from agingout. This policy change is effective immediately andapplies to pending adjustment of status applications adjudicated on or afterFeb. 14, 2023.
This USCIS policy update affects casesof noncitizens who were near the age of 21 when they started their green card processin a preference category, but their respective visas only became availableafter they reached age 21 or older.
Under the previous guidance, USCISonly considered a visa immediately available for CSPA purposes when the immigrant petitionpriority date became current under the “Final Action Dates chart” of theDepartment of State’s Visa bulletin. Now, under the new policy, USCIS will consider the “Dates of Filingchart” in the Visa Bulletin to accept an adjustment of status application and tocalculate the CSPA age.
More information on the new USCIS policy on the Child StatusProtection Act (CSPA) Age Calculation for Certain Adjustment of StatusApplicants is available at the USCIS Policy Alert (PDF, 345 KB) and on the USCIS Child Status Protection Act page. The USCIS newsalert on this topic can be found here.