Background

Under the Immigration Nationality Act (INA), a person is defined as a “child” when he/she is unmarried and under the age of 21. The Child Status Protection Act (CSPA) allows principal applicants and their derivative beneficiaries to remain eligible for immigration benefits when the beneficiary has aged-out by turning 21. The CSPA was enacted to protect the applicants who aged out due to the delay in the adjudication of the petition or application.

Additionally, in order for an applicant to be protected under the CSPA, the applicant must “seek to acquire” the status of an alien lawfully admitted for permanent residence within one year of the visa availability [see INA Section 203(h)(1)(A)]. Under previous USCIS Policy, there are three ways to meet the “seek to acquire” requirement:

  1. Filing Form I-485, Application to Register Permanent Residence or Adjust Status;
  2. Submitting Form DS-230, Application for Immigrant Visa and Alien Registration; or
  3. Having Form I-824, Application for Action on an Approved Application or Petition, filed on the Alien’s behalf.

Continue Reading New USCIS Policy Memorandum: Evaluating Claims of “Extraordinary Circumstances” for Late Filings In Seeking to Acquire Lawful Permanent Residence Status Pursuant to the CSPA