CSPA New Calculation

[Dhiral Patel]

How does CSPA new calculations works? Does it apply to everyone who got denied recently? My family got visa in August 2022 and I got denied due to CSPA. Is there any chance for me under this rule?

[Desertman]

Dhiral Patel

Here's the info you need.

On February 14, 2023 USCIS issued new policy regarding the CSPA. The new policy states that the USCIS will use the "Date of Filing" for the Visa availability and not the
"final Action Date" so there will be more children protected under CSPA since people who reside in the US who file for their adjustment of status use "Date of Filing" in order to freeze
the age of the child but not the same with a person who's adjusting status thru the consulate out of US. Now if you were denied due to CSPA during your family interview, You can file
a petition to reopen your case for the reason of this new USCIS policy. However you should know that you must not be more than 21 years old during the "Date of Filing"



"Individuals who aged out under the PRIOR POLICY may be able to reopen their adjustment of status.






I have a nephew who is also remove from the application after submitting his DS-260 while his mom and sister was DQ and waiting for their priority
to become current( 2 years since DQ ). I wrote to NVC public Inquiry about this new USCIS policy to reopen his Application and I am waiting for response from NVC
which should be answered next week or so.

[England]

Under the Child Status Protection Act (CSPA), certain individuals who turned 21 years old before they could complete the immigration process may still be eligible for certain benefits. The CSPA helps prevent aging out or losing their eligibility as a derivative beneficiary of a family-based visa petition.

The CSPA introduced a formula to calculate an individual's "CSPA age" by subtracting the time it took for the visa petition to be processed from the individual's actual age at the time the visa became available. This calculation allows individuals to retain their eligibility as a child for immigration purposes.

However, it's important to note that the CSPA has specific requirements and limitations, and not all individuals will qualify for its benefits. Whether the CSPA applies to your specific case can depend on factors such as the type of visa petition, the priority date, and the processing time.

Given that your family received their visa in August 2022 and you were denied due to the CSPA, it is essential to consult with an immigration attorney or a qualified professional who can thoroughly evaluate your specific circumstances and provide accurate guidance. They can assess whether you may be eligible for any relief or benefits under the CSPA or other applicable immigration laws.

Each case is unique, and the outcome will depend on the specific details of your situation. Seeking legal advice will help you understand your options and determine the best course of action moving forward.