Murthy Snapshot: USCIS Clarifies How Retrogression Can Impact CSPA Age Calculations

The U.S. Citizenship and Immigration Services (USCIS) released updated guidance on September 25, 2024, in the USCIS Policy Manual on calculating a dependent child’s age under the Child Status Protection Act (CSPA). As detailed in the MurthyDotCom InfoArticle, Child Status Protection Act Basics, parts one (11.Dec.2019) and two (18.Dec.2019), the CSPA temporarily “freezes” a qualifying child’s age for immigration purposes, with the aim of preventing those children from aging out of eligibility to become lawful permanent residents as dependents of their parents. The recent update from the USCIS explains how a child’s CSPA age calculation is affected when a parent’s priority date retrogresses and a visa becomes unavailable before a child seeks to acquire lawful permanent resident status. Here are the key points you need to know:

• The CSPA requires that a derivative child whose age is calculated to be under 21 must have “sought to acquire” lawful permanent resident status (i.e., applied for adjustment of status or an immigrant visa) within one year of the priority date on the parent’s petition becoming current.
• If a parent’s priority date is current for less than a year and a child has not sought to acquire lawful permanent resident status, the child typically is allowed another complete year to seek to acquire lawful permanent resident status when the parent’s priority date becomes current again.
• The updated guidance clarifies that, in cases where a child is given a second one-year period to seek to acquire lawful permanent resident status, the CSPA age calculation will be based on the second time the parent’s priority date became current. This likely will result in an older age for the child and can limit the child’s ability to benefit from the CSPA.
• Nevertheless, if it can be shown that extraordinary circumstances beyond the child’s control prevented that child from seeking to acquire lawful permanent resident status during the first period of visa availability, then the USCIS may allow the child to use the initial date of visa availability to be used for the purposes of the CSPA age calculation.

Your Takeaway

When a parent’s priority date becomes current, it is important to take swift action, especially if a child may later age out. The Murthy Law Firm can advise on how to preserve a child’s eligibility for CSPA benefits and our attorneys are available to consult on the best strategy.

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