USCIS Updates Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants

This update will allow some children who reach 21 years to still receive green cards with their parents.

USCIS has issued guidance in the USCIS Policy Manual to update when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA).

For a child to obtain lawful permanent resident (“green card”) status in the United States based on their parent’s approved petition for a family-sponsored or employment-based visa, the child generally must be under the age of 21. If the child turns 21 and “ages out” during the immigration process, the child generally is no longer eligible to immigrate with the parent based on the parent’s petition. This is great news in light of historic processing delays related to current USCIS processing of family-based green card applications.

For more information, please contact our office.