The process to calculate the Child Status Protection Act (CSPA) age in specific circumstances was updated by U.S. Citizenship and Immigration Services (USCIS). In the update, USCIS specifies that noncitizens who show extraordinary circumstances may be excused from the “sought to acquire” age requirement. The CSPA freezes the age of a child at a certain point in the immigration process, allowing them to retain their child status even if they turn 21 before the process is complete. Specifically, updates on how to treat the calculation with extraordinary circumstances in periods of retrogression of visa availability is addressed.

For applicants who show extraordinary circumstances, the CSPA age is calculated using the date the immigrant visa first became available, as long as the visa is continuously available for one year, without any period of unavailability. As an example, if retrogression occurs within that one-year period, a different date is used. In those situations, USCIS will calculate the CSPA age for the applicant with extraordinary circumstances using the date the visa first became available. The extraordinary circumstances must pertain to a basis for not previously applying for adjustment of status prior to visa availability. The update is effective immediately and includes all pending applications on or after September 25, 2024.

USCIS published updates in 2023 to their policy guidance addressing when an immigrant visa is considered available for CSPA calculations. Following that update, feedback was received addressing how the age calculation is affected by extraordinary circumstances before the visa becomes available, either due to retrogression or which chart USCIS designates for filing. The policy did not address how the CSPA age calculation is affected by visa retrogression and extraordinary circumstances. This update outlines the process when those situations occur.

If you have questions about the Child Status Protection Act (CSPA) or any other U.S. immigration related issue, contact us at ILBSG. Our clients work directly with attorneys to ensure they get the right advice for their specific situations.

Child Status Protection Act CSPA