CSPA (Child Status Protection Act) Calculator - Immihelp When the visa becomes available again, the applicants CSPA age is calculated based on the new visa availability date. The applicant would have been considered under the age of 21 under applicable CSPA rules; The applicant applied for adjustment of status within 1 year of visa availability; and. Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. 3) Paid the fees and submitted all the forms. [3] CSPA does not alter this definition. You are 21 years and 4 months old when USCIS considers an immigrant visa available to you. . If you were under the age of 21 at the time your parent filed Form I-589, your age is frozen as of that date and you will not age out. 6 USCIS-PM G.1 - Chapter 1 - Purpose and Background, 6 USCIS-PM G.2 - Chapter 2 - Eligibility Requirements, 7 USCIS-PM A.3 - Chapter 3 - Filing Instructions, 7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review, 7 USCIS-PM B.2 - Chapter 2 - Eligibility Requirements, 7 USCIS-PM B.8 - Chapter 8 - Inapplicability of Bars to Adjustment. The DV Program registration period began on October 1, 2012, and the DV Selection Letter is dated May 1, 2013. [^ 29] A transfer request potentially affects the CSPA age calculation for the derivative beneficiaries. In order to benefit from CSPA as a family preference (including VAWA self-petition), employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of when a visa becoming available to you for filing an adjustment of status application. 1 USCIS-PM B - Part B - Submission of Benefit Requests, 7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures, 7 USCIS-PM F - Part F - Special Immigrant-Based (EB-4) Adjustment, 7 USCIS-PM M - Part M - Asylee Adjustment, 11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures. Applicants must file the Notice of Appeal or Motion (Form I-290B) with the proper fee and should present their claim that the finding in Matter of O. Vazquez constitutes changed circumstances justifying the reopening of the adjustment application. 1 USCIS-PM - Volume 1 - General Policies and Procedures, 7 USCIS-PM - Volume 7 - Adjustment of Status, 9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief, 10 USCIS-PM - Volume 10 - Employment Authorization, 11 USCIS-PM - Volume 11 - Travel and Identity Documents, 12 USCIS-PM - Volume 12 - Citizenship and Naturalization. The DV Program registration period began on Oct. 1, 2012, and the DV selection Letter is dated May 1, 2013. L. 106-386 (PDF) (October 28, 2000). The CSPA went into effect on August 6, 2002. Calculate your CSPA age as follows: 21 years and 4 months - 6 months = 20 years and 10 months. In order for the immigrant visa to be considered available for CSPA purposes, two conditions must be met: The visa must be available for the immigrant preference category and priority date. From the date of visa availability, and provided that the visa remains available for a continuous 1-year period, the applicant has 1 year to fulfill the sought to acquire requirement. If we approve a request to transfer the underlying basis of the pending adjustment of status application, calculate the CSPA age using the approved petition that forms the new basis of the adjustment application. The formula determining the length of time the petition was pending is as follows: Approval Date - Filing Date = Pending Time. If the prospective applicant has a priority date in their country of chargeability and preference category that is later than the Final Action Date, then a visa is no longer available to them for accepting and processing their application during the given month.
NVC | Interview Appointment - Mygcvisa L. 106-386 (October 28, 2000). If you were under the age of 21 at the time of your parents interview, your age is frozen as of that date and you will not age out. This chapter primarily focuses on the impact of CSPA on adjustment applicants, though the same principles generally apply to noncitizens seeking an immigrant visa through DOS.[8]. Diversity immigrant visa (DV) derivatives; CSPA provisions vary based on the immigrant category of the applicant. Your mother filed a petition for you on Feb.1, 2016. Officers consider new evidence of extraordinary circumstances submitted with the motion to reopen, consistent with the guidance in this section. [34] DOS publishes a new Visa Bulletin on a monthly basis. L. 107-208 (PDF) - Child Status Protection Act, G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, I-140,Immigrant Petition for Alien Worker, I-360, Petition for Amerasian, Widow(er), or Special Immigrant, I-485, Application to Register Permanent Residence or Adjust Status, I-526, Immigrant Petition by Standalone Investor, I-589, Application for Asylum or Withholding of Removal, How to Use the USCIS Policy Manual Website (PDF, 2.99 MB). If a continuous 1-year period of visa availability elapsed and the applicant did not seek to acquire during the 1-year period, the applicant cannot benefit from the age-out protections of the CSPA. 7 USCIS-PM A.7 - Chapter 7 - Child Status Protection Act. U.S. . Even though visas are available to a principal applicant and derivative child based on their priority date and country of chargeability in both October and November, the derivative child does not apply for adjustment of status in October or November (while the principal does apply). See Matter of O. Vazquez (PDF), 25 I&N Dec. 817 (BIA 2012). Share sensitive information only on official, secure websites. [31] In other words, the pending time is the period of time between the start of the DV Program registration period to the date of the DV Selection Letter. [^ 52] This includes Form I-730 beneficiaries. For derivative refugees, an adjustment applicants CSPA age is his or her age on the date the principal applicants Form I-590 is filed. NVC will send another invoice for both of your child once the visa date/priority date confirmed that they are qualified for CSPA. and write this SAMPLE letter to the NVC when sending the documents. Does Sought to Acquire Requirement Apply? The applicant already had a continuous 1-year period in which to seek to acquire. The date a Form I-590 is considered filed is the date of the principal refugee parents interview with a USCIS officer. * Child Status Protection Act Date Of Birth* Priority Date* Approval Date* Date when Petition Became Current * UNDERSTAND THE TERMS Priority Date It is the date when your Petition was filed. If the applicants CSPA age is over 21 at the time of subsequent visa availability, the applicant is no longer eligible for CSPA coverage. Instead, CSPA provides methods for calculating an applicants age for immigrant visa purposes. [^ 7] See Section H, Summary of Child Status Protection Act Applicability [7 USCIS-PM A.7(H)] for a condensed guide to basic provisions for each category of CSPA-eligible immigrants. Unfortunately, the CSPA requires that if a child is eligible, the child must "seek to acquire" a visa within one year. [^ 30] While the priority date is often the same as the filing date (also referred to as the receipt date), there are instances in which the priority date is not the same, such as in employment-based cases based on the filing of a labor certification. If the visa does not remain continuously available for accepting and processing the application, and becomes unavailable again, the period starts anew once the visa becomes available again. USCIS denied the adjustment application solely because the applicant had aged out. A previously filed Form I-824 that was denied because the principal applicant's adjustment application had not yet been approved may serve as evidence of having sought to acquire. See 9 FAM 502.1-1(D)(6), Sought to Acquire LPR Status Provision, for more information regarding how overseas applicants may satisfy the sought to acquire requirement in the consular processing context. The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years old.
Sample of CSPA aged appeal letter to NVC (The Child Status Protection The applicant must have had a qualifying Registration for Classification as a Refugee (Form I-590) or Refugee/Asylee Relative Petition (. In order to calculate an adjustment applicants CSPA age according to the formula above, the officer must first determine the age at time of visa availability. A visa initially becomes available to the prospective applicant according to the Final Action Dates chart on March 1, 2020, which USCIS designated for use in that month. Child of LPR (F2A) Becomes Child of a U.S. Citizen (Immediate Relative). While you must be unmarried to qualify for admission into the U.S. as a derivative refugee, you do not need to remain unmarried in order to qualify for a Green Card under INA section 209. [19], CSPA applies differently to family-sponsored and employment-based preference and DV adjustment applicants than it does to refugee, asylee, and IR adjustment applicants. USCIS employees should not rely on the historical versions for current laws, precedent decisions, policies, directives, guidance, and procedures. In this case, the age of the child will be frozen as of the date that the I-130 is received by the government. The approval notice will also show you which office approved your Form I-130. How can I request NVC to consider my son's CSPA age and grant him immigrant visa as well? [^ 26] In addition to CSPA protections, VAWA self-petitioners and derivatives who turn 21 prior to adjusting status may be eligible for age-out protections provided in the Victims of Trafficking and Violence Protection Act (VTPVA) of 2000, Pub. See Part L, Refugee Adjustment, Chapter 2, Eligibility Requirements, Section F, Special Considerations for Refugee Adjustment of Status Applicants, Subsection 2, Child Status Protection Act Provisions [7 USCIS-PM L.2(F)(2)]. In most cases, you do not need a Form I-130 to get a Green Card if you are a K-2 nonimmigrant. [^ 27] For CSPA purposes, the age at time of visa availability is the applicants age when USCIS considers the applicants visa available. The CSPA was enacted to preserve child status for certain beneficiaries who would otherwise "age out" (turn 21 years old before they could be issued a visa) due to administrative delays in visa processing. See 9 FAM 502.6-4, Diversity Visa Processing. Officers should review the USCIS Adjustment of Status Filing Charts from the Visa Bulletin webpage to determine whether the applicant had a prior 1-year period of visa availability to file for adjustment of status.
Appointment - United States Department of State Depending on the facts of the particular case, a derivative beneficiary may become ineligible to adjust status as a derivative as a result of a transfer request because their new calculated CSPA age is no longer under 21 years of age. So my recent CEAC electronic submission story with new information about NVC and CPSA follows: 1) The USCIS approved petition was for a F2A (or F22 - unmarried child under 21 years) 2) NVC CEAC created the case with a F22 visa classification shown on the status page. [39] This requirement does not apply to refugee derivatives, asylee derivatives, and IRs.[40]. APPLICATION OF THE CHILD STATUS PROTECTION ACT TO THE CHILDREN OF U.S. CITIZEN PETITIONERS 2 APPLICATION OF THE CSPA TO THE CHILDREN OF U.S. CITIZEN PETITIONERS | DECEMBER 2018 B. Child's Age Frozen on the Date of the Parent's Naturalization The CSPA also amended Section 201 of the INA to provide that if a permanent resident parent who had filed a visa In order to include his or her child(ren) on the self-petition as derivatives, the child(ren) must be under the age of 21 and unmarried when the Form I-360 is filed, regardless of whether the child(ren) had a separate or approved Form I-130 when the Form I-360 was filed.[14]. USCIS approved the petition on August 1, 2016. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act (CSPA), to include how USCIS calculates age under certain contexts and what actions satisfy the sought to acquire requirement.
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