This content has been superseded by the current version available in the Guidance tab. The parent files an adjustment of status application based on the second Form I-140 and is approved. As per CSPA calculator, his CSPA age remains under 21 till November 2017. The CSPA helps preserve the "under 21" age of many children who would otherwise have aged out under the prior law. Child Status Protection Act (CSPA) Alert: On Feb. 14, 2023, USCIS issued policy guidance in the USCIS Policy Manual to update when an immigrant visa "becomes available" for the purpose of calculating Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status in a preference category. The DV Program registration period began on Oct. 1, 2012, and the DV selection Letter is dated May 1, 2013. The second employer files a new Form I-140 for the parent, and the applicant is listed as a derivative on this second approved Form I-140. See 9 FAM 502.6-4, Diversity Visa Processing. This technical update replaces all instances of the term alien with noncitizen or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [any person not a citizen or national of the United States]. This guidance is effective immediately and applies to adjustment of status applications we adjudicate on or after Feb. 14, 2023. Officers consider new evidence of extraordinary circumstances submitted with the motion to reopen, consistent with the guidance in this section. At that point, USCIS would calculate CSPA age based on the derivatives age on December 1, 2021 (not October 1, 2020). A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The History tab was added to the USCIS Policy Manual on June 11, 2021, and provides historical versions on and after that date. To benefit from the CSPA age determination, applicant must seek to acquire lawful permanent residence within 1 year of the visa becoming available. [39] This requirement does not apply to refugee derivatives, asylee derivatives, and IRs.[40]. Unfortunately, the CSPA requires that if a child is eligible, the child must "seek to acquire" a visa within one year. The historical versions linked below reflect the pertinent policy in effect on that date and dates reflect when updates occurred. Denials that were based on the failure to seek to acquire and issued prior to the decision in Matter of O. Vazquez[51] were proper based on the law in effect at the time of the decision. Adjustment applicants are eligible for CSPA consideration if either the qualifying application (Application to Register Permanent Residence or Adjust Status (Form I-485)) or one of the following underlying forms was filed or pending on or after the effective date: Petition for Alien Relative (Form I-130); Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360); Immigrant Petition for Alien Worker (Form I-140); Immigrant Petition by Standalone Investor (Form I-526); Immigrant Petition by Regional Center Investor (Form I-526E); Application for Asylum and for Withholding of Removal (Form I-589); Registration for Classification as a Refugee (Form I-590); or, Refugee/Asylee Relative Petition (Form I-730). [^ 38] There are two ways in which a visa may become unavailable for accepting and processing an adjustment of status application. When an applicant seeks to acquire after the 1-year period of visa availability has elapsed and does not provide an explanation or evidence of extraordinary circumstances, the officer issues a Notice of Intent to Deny (NOID) to give the applicant an opportunity to rebut the apparent ineligibility. [49], Impact of Visa Unavailability on the 1-Year Sought to Acquire Requirement. You become an immediate relative and will not age out. Under Section 424 of the USA PATRIOT Act, if a qualifying form was filed before September 11, 2001, then the applicant is afforded an additional 45 days of eligibility.[11]. An applicant is listed as a derivative on an approved Form I-140 filed by their parents employer. See AFM 21.2(e) (PDF, 1.82 MB), The Child Status Protection Act of 2002. It is meant to insure that sons and daughters can immigrate to the US together with their parents. The CSPA age associated with the petition does not change after the filing of the adjustment of status application and is frozen through the final adjudication, regardless of when a visa is authorized for issuance based on the Final Action Dates chart.[37]. Alert: On Feb. 14, 2023, USCIS issued policy guidance in the USCIS Policy Manual to update when an immigrant visa becomes available for the purpose of calculating Child Status Protection Act (CSPA) age for noncitizens seeking lawful permanent resident status in a preference category. CSPA does not change the requirement that the applicant must be unmarried in order to remain eligible for classification as a child for immigration purposes. The applicant also files an adjustment of status application based on the second Form I-140. A visa is continuously available for accepting and processing an application for adjustment of status for a 1-year period if, during each month of that year, the applicant has a priority date that is earlier than the date for their country and category on the chart in the DOS Visa Bulletin designated by USCIS for such month. See Part L, Refugee Adjustment, Chapter 2, Eligibility Requirements, Section F, Special Considerations for Refugee Adjustment of Status Applicants, Subsection 2, Child Status Protection Act Provisions [7 USCIS-PM L.2(F)(2)]. [^ 42] Submitting a Form DS-260 that covers only the principal applicant does not meet the sought to acquire requirement for a derivative child. A visa initially becomes available to the prospective applicant according to the Final Action Dates chart on March 1, 2020, which USCIS designated for use in that month. Share sensitive information only on official, secure websites. [^ 19] See Part L, Refugee Adjustment, Chapter 2, Eligibility Requirements, Section F, Special Considerations for Refugee Adjustment of Status Applicants, Subsection 2, Child Status Protection Act Provisions [7 USCIS-PM L.2(F)(2)]. If the petitioner naturalizes (becomes a U.S. citizen) before the child or unmarried son or daughter gets a Green Card, the petition is converted to either an immediate relative or family first preference case. For DV derivative applicants, the number of days the petition was pending is the period of time between the start of the DV Program registration period and the date of the DV selection letter. U.S. U.S. [^ 49] Though the CSPA technically requires DV derivatives to seek to acquire within 1 year, this requirement does not generally affect DV derivatives, as they are only eligible to receive a visa through the end of the specific fiscal year in which the principal applicant was selected under INA 203(c). You (not your parent) should send a signed letter stating that you wish to opt out of the conversion from F2B to F1. If a visa initially becomes available and then becomes unavailable[38] for accepting and processing an adjustment of status application before the potential adjustment applicant has filed an application, the applicants CSPA age is not locked in. Instead, CSPA provides a method for calculating a persons age to see if they meet the definition of a child for immigration purposes. The derivative child does not have an available visa based on the Final Action Dates chart in December 2020, and cannot apply during that month. (CSPA), visa applicants can "opt out" of conversion to the F1 visa category and remain an F2B visa applicant. * Child Status Protection Act Date Of Birth* Priority Date* Approval Date* Date when Petition Became Current * UNDERSTAND THE TERMS Priority Date It is the date when your Petition was filed. The employer rescinds the parents job offer, but the parent receives a job offer from a second employer. The applicants age is frozen on the date of the refugee parents interview. In order to qualify as a stepchild, the marriage between your U.S. citizen stepparent and your K3 nonimmigrant parent must have occurred before your 18th birthday. [^ 26] In addition to CSPA protections, VAWA self-petitioners and derivatives who turn 21 prior to adjusting status may be eligible for age-out protections provided in the Victims of Trafficking and Violence Protection Act (VTPVA) of 2000, Pub. If the visa does not remain continuously available for accepting and processing the application, and becomes unavailable again, the period starts anew once the visa becomes available again. U.S. U.S. Read Shimanto's reply, I posted the format there. On that date, the child was 21 years and five months. CSPA went into effect on August 6, 2002. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. If the applicant does not seek to acquire within 1 year of visa availability although the visa was available for a continuous 1-year period, the applicant cannot benefit from the age-out protections of the CSPA. L. 106-386 (October 28, 2000). CSPA (Child Status Protection Act) Calculator. In order for family-sponsored and employment-based preference and DV adjustment applicants to benefit from the CSPA age calculation, they must seek to acquire lawful permanent residence within 1 year of when a visa becomes available for accepting and processing a potential adjustment of status application. [^ 32] The rank number is the number following the two-letter region code and should correspond with cut-off numbers available in the DOS Visa Bulletin. If your LPR parent filed a Form I-130 for you as an unmarried son or daughter (second preference classification) and then your parent became a U.S. citizen, you normally would automatically convert to a first preference classification as the unmarried son or daughter of a U.S. citizen (F1). Transferring to a new basis will result in a new calculated CSPA age, as the amount of time the petition was pending will change as will the derivative beneficiarys age at the time of visa availability. If a VAWA self-petitioner was the beneficiary of a previously filed Petition for Alien Relative (Form I-130), the VAWA self-petitioner and the VAWA self-petitioners derivatives CSPA age is calculated using the date the Form I-360 was filed because this is the petition through which they are seeking adjustment of status. Collect all the supporting documents and fill out DS-260 (include your child's name on DS-260). Diversity immigrant visa (DV) derivatives; CSPA provisions vary based on the immigrant category of the applicant. For more information about CSPA, see the following: An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. See Section G, Sought to Acquire Requirement [7 USCIS-PM A.7(G)]. It helps lock in the age and preserve the "child" status of both immediate relatives and those in the preference categories. If the adjustment applicant was under the age of 21 at the time the petition was filed or automatically converted, the applicant is eligible for CSPA and will not age out. For DVs, the qualifying petition is the DV Program electronic entry form. 1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. While K nonimmigrants are not covered under CSPA, K-2 and K-4 nonimmigrants may benefit from CSPA under certain limited circumstances. [^ 35] USCIS typically designates one of the two charts within 1 week of the publication of the DOS Visa Bulletin. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to update when an immigrant visa becomes available for the purpose of calculating Child Status Protection Act (CSPA) age in certain situations. In other words, the applicants age is frozen on the date the Form I-589 is filed. In these circumstances, you are not eligible for and do not need CSPA in order to get a Green Card. We approved the petition on Aug.1, 2016. That is accomplished by filing certain documents within one year of visa availability. The derivative may be eligible to retain the priority date from the first Form I-140, but the CSPA calculation uses the second petition, because this is the petition through which the principal beneficiary obtained adjustment of status and that forms the basis for the applicants adjustment of status application.