USCIS Policy Manual Update: CSPA Extraordinary Circumstances Explained
On August 24th, 2023, the United States Citizenship and Immigration Services (USCIS) took a significant step by updating its USCIS Policy Manual in response to the Child Status Protection Act (CSPA) policy alteration that occurred on February 14th, 2023. This update introduces a crucial discussion on exceptional circumstances related to CSPA, with the aim of providing a clear understanding of the implications of this policy shift.
Key Takeaways from the Update:
1. Recognition of Policy Change as Extraordinary Circumstance:
USCIS acknowledges the February 14th policy revision as an extraordinary circumstance that may exempt an applicant from the requirement to meet the sought-to-acquire condition.
2. Eligibility for CSPA Age-Out Protection:
The updated policy clarifies that an applicant may be excused from failing to meet the sought-to-acquire requirement if they did not apply for status adjustment earlier due to difficulties in calculating their CSPA age under the previous policy. Additionally, if an applicant’s CSPA age would have exceeded 21 under the old policy but now qualifies under the new policy, they may also benefit from this exception.
3. Status Adjustment Applications Pending on February 14:
The USCIS considers applicants to have met the sought-to-acquire requirement if their application for status adjustment was pending on February 14 and they applied for the adjustment within one year of a visa becoming available, based on the Final Action Dates chart aligned with the policy guidelines in effect at the time of their application.
The CSPA is designed to protect beneficiaries from “aging out” during the immigration process. However, the February 14th policy adjustment has altered the timeline for seeking status adjustment, potentially placing some beneficiaries beyond the one-year limit.
For those in this situation, there is still hope. USCIS is taking into account the unique circumstances arising from this policy change, and applicants may be able to benefit from CSPA, albeit under specific conditions.
It is crucial for applicants and their legal representatives to stay informed about these developments and to seek guidance to navigate the evolving landscape of immigration policies effectively. Understanding the nuances of these changes is vital to ensuring that deserving beneficiaries receive the protection and opportunities afforded by the Child Status Protection Act.
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Legal advice must be obtained for specific questions from your immigration lawyer after formal engagement (i.e. signed contract with your lawyer).