The United States Citizenship and Immigration Services (USCIS) has recently updated its Policy Manual to clarify the application of the extraordinary circumstances exception to the “sought to acquire” requirement under the Child Status Protection Act (CSPA). This article explains the implications of these updates, which took effect on Feb. 14, 2023.
CSPA Background
The CSPA protects certain beneficiaries from losing eligibility for immigrant visas and adjustment of status because of aging out during the immigration process. It is vital to seek lawful permanent resident status within 1 year of when an immigrant visa becomes available. The following explains USCIS updates to the “Sought to Acquire” Requirement under the CSPA:
- Extraordinary Circumstances Exception – The Feb. 14 policy change is considered an extraordinary circumstance that may excuse an applicant’s failure to meet the sought-to-acquire requirement. This exception opens doors for those who previously may have been ineligible.
- Excusing Failure to Meet Requirement – The USCIS may excuse an applicant’s failure to meet this requirement if they did not apply to adjust their status due to prior policy constraints or if their CSPA age would have been calculated as over 21. The new policy ensures that these applicants are now eligible for CSPA age-out protection.
- Compliance with the Requirement – The policy also clarifies that applicants who applied to adjust their status within 1 year of a visa becoming available and whose application was pending on Feb. 14, have met the sought-to-acquire requirement.
Conclusion
The recent updates to the USCIS policy provide a clearer path for noncitizens who might have been affected by the earlier regulations. If you or a loved one may benefit from the changes to the “sought to acquire” requirement under the CSPA, seeking professional guidance from an immigration lawyer is highly recommended. Understanding these complex changes is essential for navigating the immigration process successfully, and we are here to assist you every step of the way.
Schedule a Consultation with an Immigration Lawyer
Additional Outside Information
We Can Help!
You may have questions regarding a U.S. Immigration Matter. We invite you to reach out to our team at Richards and Jurusik for detailed guidance and assistance. Our goal is to provide you with the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today for an assessment of your legal situation.
