Until February 14, 2023, the USCIS calculated the CSPA age of a child of the applicant using the Final Action Dates Chart. The new policy is somewhat more lenient in that the USCIS will now use the dates in the Dates of Filing Chart if the agency agrees to use that chart in accepting AOS applications for a particular month.
This new policy is expected to slightly decrease the number of children who "age-out" under the CSPA age formula and can no longer get green cards together with their parents.
How the New CSPA Age Policy Affects Children With Denied AOS Applications
A limited number of children whose AOS applications were denied before February 14, 2023 may be eligible to file motions to reopen if:
• Their AOS applications were submitted based on the Dates of Filing Chart;
• Their AOS applications were denied by the USCIS based on the agency calculating their CSPA age based on the Final Action Dates Chart; and
• Using the Dates of Filing Chart as the basis of the CSPA age calculation, the child’s age would have been under 21.
The Government Needs to do More to Keep Families Together
The new USCIS CSPA age policy is a welcome Valentine’s Day gift, but only for a tiny number of immigrant families. CSPA was never meant to separate immigrant children from their parents. Just the opposite!
