On February 14, 2023, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert, which contains policy guidance in the USCIS Policy Manual to update when an immigrant visa “becomes available” for purpose of calculation Child Status Protection Act age in certain situations. In short, USCIS will now allow the Date for Filing chart to calculate these noncitizens’ ages As stated in the Policy Alert, this guidance is effective immediately on February 14, 2023, and applies to adjustment of status applications USCIS adjudicates on or after February 14, 2023. Therefore, noncitizens with pending adjustment of status applications based upon an immigrant petition in a preference category, on or after February 14, 2023, will benefit from this update. Background The CSPA is a United States federal law that was signed into law on August 6, 2002. The law was enacted to address the problem of immigrant children who “age out” of their eligibility for certain immigration benefits due to the lengthy processing times involved in the immigration system. The CSPA addressed this problem by changing the way that the age of a derivative child is calculated for immigration purposes. Under the CSPA, a derivative child’s age is “frozen” at the time […]