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News > USCIS Revises Policy Interpretation of Child Status Protection Act

USCIS Revises Policy Interpretation of Child Status Protection Act

Unites States Citizenship and Immigration Services (USCIS) announced on May 12 that it will revise its current interpretation of the Child Status Protection Act (CSPA) regarding applicants for immigration benefits who "aged out" prior to the enactment of the CSPA on August 6, 2002. Most children of principal applicants for immigration benefits "age out" — or can no longer qualify for certain immigration benefits based on a sponsor's application — after they turn 21 years old. The CSPA permits children of U.S. citizens and legal permanent residents (under specific circumstances) to qualify for legal permanent residence based on their sponsor's petition to the USCIS, even where the child has reached the age of 21.

Under the new policy, the CSPA will apply to children of U.S. citizens and legal permanent residents (in certain cases) with visa petitions approved before August 6, 2002, even where: (1) the child did not have a pending application for permanent residence filed on or before the date of enactment of the CSPA; or (2) an application for permanent residence filed after enactment of the CSPA was denied based solely on the applicant having turned 21 before the application was adjudicated. Under the prior policy, children of principal applicants were only considered "children" for immigration purposes after turning 21 if: (1) the visa petition filed on their behalf was approved before August 6, 2002; (2) the beneficiary child had filed an application for permanent residence on or before August 6, 2002; and (3) no final determination had been made on the permanent residence application prior to August 6, 2002.

Individuals who were ineligible under the prior policy but now qualify may either: (1) submit an application for permanent residence to take advantage of this new interpretation, or, (2) where applicants filed and were denied based solely on their having aged-out, file motions to reopen or reconsider without a filing fee. Motions to reopen or reconsider can be filed at the individual's local USCIS field office. A list of field offices is located online at the USCIS web site at www.uscis.gov.

Please contact your Hodgson Russ immigration professional with any questions.