The United States Citizenship and Immigration Services announced a new rule for age calculation of non-citizen children applying for a green card on their parents’ petitions. It stated that, starting from August 15, the Final Action Date will be used for calculating the child’s age instead of the current rule of considering the Dates for Filing. This means more children will age out soon.An unmarried alien child must be under age 21 to obtain lawful permanent resident status in the United States based on their parent’s approved petition for a family-sponsored, employment-based, or diversity visa. If they turn 21 and age out during the immigration process, they generally are no longer eligible to immigrate based on their parents’ petition.The Child Status Protection Act (CSPA) helps certain children remain eligible for a Green Card past their 21st birthday, protecting them from “ageing out” due to long processing delays.In February 2023, USCIS expanded this protection by allowing the Dates for Filing chart, often years ahead of the Final Action Dates chart, to determine when a visa is “available” for CSPA purposes. This let many families file sooner and lock in a child’s age under 21.“If an alien is applying for adjustment of status under a family-sponsored, employment-based preference, or diversity visa, they must seek to acquire lawful permanent residence within one year of when a visa becomes available to benefit from the CSPA age calculation. This update also clarifies that we consider an alien to have satisfied the “sought to acquire” requirement if they demonstrate extraordinary circumstances for failing to seek lawful permanent resident status within one year of when a visa becomes available. If an alien demonstrates extraordinary circumstances for not applying for adjustment of status during the period of the Feb. 14, 2023, policy before August 15, 2025, we will calculate CSPA age under the Feb. 14, 2023, policy,” the USCIS said.
How will it affect Indian families?
Children could now turn 21 before the Final Action Date is reached, and thereby they have to switch to a separate petition. Since the rule is to be implemented from August 15, Indian families can file adjustment of status applications as soon as the Dates for Filing chart allows, especially before August 15, 2025, to lock in the more favorable CSPA age calculation.
