AILA Submits Supplemental Comments on USCIS Policy Manual Revisions Concerning the Child Status Protection Act

AILA submitted supplemental comments on USCIS policy manual revisions concerning the Child Status Protection Act (CSPA), urging USCIS to amend its guidance and require officers to use the “Dates for Filing” chart to determine applicants’ age at the time of visa availability for CSPA age calculation purposes when the Form I-485 is filed based on a visa being deemed available under DOS’s “Dates for Filing” chart. By making this simple adjustment to its guidance, USCIS can avoid age outs that devastate families, oftentimes negating a primary purpose of many foreign nationals to maximize economic, educational, and humanitarian opportunities for their children in the United States.

Special thanks to AILA member Matthew Galati for his contributions to this comment, as well as contributions from AILA members John Pratt and Cyrus Mehta.

Related Resources

• AILA Submits Comments on USCIS Policy Manual Revisions Concerning the Child Status Protection Act
• USCIS Updates Policy Guidance on Age and “Sought to Acquire” Requirement Under the Child Status Protection Act
• Practice Pointer: Effect of Filing an AOS for an Aging-Out Child When Dates for Filing Are Current but Final Action Dates Are Not