As mentioned in a prior blogpost, on February 14, 2023 USCIS updatedits policy on the Child Protection Act (CSPA) age calculation forcertain dependents nearing age 21 and filing for adjustment of status (I-485 orgreen card application). The CSPAprovides a method to calculate the dependent’s age based on the date animmigrant visa becomes available and to benefit from the calculation, the dependentmust also take certain steps toward applying for the green card within one yearof immigrant visa availability. Theserequired steps are known as the “sought to acquire requirement.”
The USCIS has updated its Policy Manualto consider the February 14th USCIS policy change as an extraordinarycircumstance. This is important because asan extraordinary circumstance, the February USCIS policy change may excuse anapplicant’s failure to meet the “sought to acquire requirement.”
The February 14th policy changeaims to benefit applicants who failed to meet the sought to acquire requirementand did not apply to adjust their status because their CSPA age was over theage of 21 under the old policy. USCIS alsoclarified that it will consider dependents to have met the “sought to acquirerequirement” if their respective applications to adjust status were pending onFebruary 14, 2023 and submitted within 1 year of a visa becoming availablebased on the Final Action Dates chart and in accordance to the policy in effectat the time of the application.
For more information on this update, hereare the links to the USCISpress release and respective policyalert. If you think yourdependent may benefit from this new policy, please reach out to your MUattorney.