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USCIS Changes Policy For Calculating CSPA Age

USCIS Policy Manual updated to calculate CSPA age based on date of filing. Update Posted on the USCIS Website, February 14, 2023. USCIS issued updated guidance regarding when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA).  Prior to this, USCIS considered a child’s age “frozen” if a visa number was available under the Final Action Date Chart of the Visa Bulletin at the time the I-485 application was filed. If a visa number was not available under the Final Action Date Chart of the Visa Bulletin, they may still be eligible to file their application for adjustment of status (to obtain a green card)based on the Dates for Filing Chart of the Visa Bulletin. In that scenario, a noncitizen may file their application when the Dates for Filing Chart indicated but ultimately not be eligible because the Final Action Date Chart did not advance sufficiently Under the USCIS Policy Manual as updat...