Newsletter Week of Feb 16, 2023

USCIS Updates Child Status Protection Act (CSPA) Age Calculation for Certain Adjustment of Status Applicants 

USCIS has issued guidance for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA). For a child to obtain lawful permanent resident status in the United States based on their parent’s approved petition for a family-sponsored or employment-based visa, the child generally must be under the age of 21. If the child turns 21 and “ages out” during the immigration process, the child generally is no longer eligible to immigrate with the parent based on the parent’s petition. Under the new policy, USCIS will now use the Dates for Filing chart to calculate these noncitizens’ ages for CSPA purposes, which provides these noncitizens with more certainty about their eligibility to adjust status. Now, some noncitizens with a pending application may now have a CSPA age that is under 21 based on this change. Noncitizens may file a motion to reopen their previously denied adjustment of status application with USCIS by using Form I-290B, Notice of Appeal or Motion as long as this motion is filed within 30 days of the decision.  

DHS Extends and Redesignates Haiti for Temporary Protected Status, Extends Relaxed Employment Options for Haitian F-1 Students 

The Department of Homeland Security (DHS) has extended its 2021 temporary protected status (TPS) designation for Haiti and redesignated the country for 18 months, from February 4, 2023, through August 3, 2024.