The U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual on the calculation of noncitizen’s age under the Child Status Protection Act (CSPA) for immigration purposes. Children under the age of 21 are eligible for lawful permanent residency based on their parent’s approved visa petition. The CSPA helps protect children from losing their eligibility if they turn 21 during the immigration process. Previously, USCIS only considered a visa available for CSPA purposes based on the Final Action Date chart, but now the Dates for Filing chart will also be used in the calculation of the noncitizen’s age. This change will provide more certainty to noncitizens about their eligibility to adjust status and apply for employment and travel authorization. Noncitizens can file a motion to reopen their previously denied adjustment of status application within 30 days of the decision, or in some cases beyond 30 days if they can demonstrate reasonable delay. However, this policy change will not prevent all children from aging out before a visa becomes available or from losing nonimmigrant status at the age of 21.
If you have any questions about how the immigration and nationality laws in the United States may impact you or your family members or if you want to access additional information about the United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at info@visaserve.com or call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com