Big Change Regarding Child Status Protection Act (CSPA)

[Attorney_15]

On 3/8/2023 at 12:44 PM, ashok sharma said:

Myself  and My wife  got I - 551 (Green card) stamped on 29th November, 2022 in U.S. Consulate General, Mumbai. Its in F - 4 category.
My son , however did not qualify for CSPA to immigrate and the same was denied. He is eligible on VISA Filing as per  Chart B , but aged out as per Chart A.

Th updated CSPA Guidance (https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-guidance-for-the-sought-to-acquire-requirement-under-the-child-status) is from USCIS and may not apply to someone at the consulate. However, it may be possible to qualify an aged-out son through USCIS by an I-824 or an I-485. 

[Attorney_15]

On 3/8/2023 at 3:26 PM, mraus2003 said:

My Employer filed my green card and following are the dates for the process. When my filing date became current I filed AOS I-485 for myself, wife and Son but didn't file I-485 for my daughter even though she was eligible to file I-485 based on her CSPA age. The reason not to file was as the USCIS was looking for final action date to approve I-485 and in my case there was no possibility that my final action date has move forward enough for my daughter to qualify and her application to get approved. Knowing that I didn't want to take chance for filing and getting denied later which might have made her Out of status cause and further issues for staying her in US.

Based on the new updated CSPA Guidance (https://www.uscis.gov/newsroom/alerts/uscis-updates-policy-guidance-for-the-sought-to-acquire-requirement-under-the-child-status) it appears that these circumstances would fall within the type of fileable case described by USCIS.

[seshansrini]

Hello,

I believe USCIS would consider the date when the PD of the principal applicant became current (and when principal applicant and other family members excluding this child who was nearing "ageing out" since old policy had not allowed locking for filings based on DFF chart) to calculate CSPA age of the child who may file late 485 filing based on Aug 24 2023 revised  guidance note.  With that assumption, do we need to wait for DFF chart to become current "AGAIN" ?... Or just file 485 citing late filing due to extra ordinary circumstances?.. Will the mailing room accept such filing?

Please advise.

Thanks

Srini

[Attorney_15]

The new guidance from USCIS on the CSPA does not seem to make any exceptions to the requirement of a current priority date at the time of filing. The Visa Bulletin must be current on the Dates for Filing chart at the time of filing the I-485. If the I-485 is sent to USCIS when the priority date is not current on the Dates for Filing chart the mailroom will reject it or USCIS will eventually deny it as failing to meet the legal filing requirements.

[givemegreencard]

My grandmother filed F3 petition for my dad (primary applicant) and his family including me his son as a dependent. It has become current and we have an interview next month in India. I’m currently 24 and on F1 OPT in US and my CSPA age gave me 2 more years so I had until 23 to get green card. However final action date became current in January 2024 when I was 24. However, it was current in DOF in 2020 when I was 20 and that’s also when I paid NVC fees and received DS260 confirmation in dec 2020. I was in india when I got the confirmation still in F1 but now im in US.  I know if I go to the interview I will be rejected so should I be a no show or let them know I’m not coming? I know there is a possibility that my parents can get green card and then I can file AOS or something. Can you please explain what we should do?

date of birth - August 22 1999

Priority date - March 15 2009

notice date - March 10 2011

final action current - January 2024

DOF Current - July 2020