CSPA "Sought to Acquire" Requirement Policy Clarification on Extraordinary Circumstance Excusal

Policy effect

USCIS issued Policy Alert PA-2023-24 updating Volume 7 of the Policy Manual to clarify that the agency considers its February 14, 2023 CSPA policy change an "extraordinary circumstance" that excuses an applicant's failure to satisfy the 1-year "sought to acquire" requirement under the Child Status Protection Act. The update clarifies that applicants whose applications were pending on Feb 14, 2023 satisfy the requirement if filed within 1 year of visa availability under prior guidance.

Conditions and exceptions

Validated condition or limit: USCIS issued Policy Alert PA-2023-24 updating Volume 7 of the Policy Manual to clarify that the agency considers its February 14, 2023 CSPA policy change an "extraordinary circumstance" that excuses an applicant's failure to satisfy the 1-year "sought to acquire" requirement under the Child Status Protection Act.; The update clarifies that applicants whose applications were pending on Feb 14, 2023 satisfy the requirement if filed within 1 year of visa availability under prior guidance.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

U.S. Citizenship and Immigration Services Office of the Director Camp Springs, MD 20588-0009 August 24, 2023 PA-2023-24 Policy Alert SUBJECT: Sought to Acquire Requirement Under the Child Status Protection Act Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that USCIS considers the recent February 14, 2023, policy change to be an extraordinary circumstance that may excuse the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in particular situations. 1 Background The CSPA protects certain beneficiaries … new policy. To address these issues, USCIS is updating policy guidance to clarify that USCIS considers the February 14, 2023, policy change to be an extraordinary circumstance that may excuse an applicant’s failure to meet the “sought to acquire” requirement provided that the delay in filing the adjustment of status application is reasonable under the circumstances. The reasonableness of the delay is determined from August 24, 2023, the date USCIS is publishing this policy considering the February 14, 2023, policy change to be an extraordinary circumstance. This guidance, contained in Volume … 7 of the Policy Manual, is effective immediately and applies to adjustment of status applications adjudicated by USCIS on or after August 24, 2023. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. Policy Highlights • Clarifies that USCIS may excuse an applicant’s failure to satisfy the “sought to acquire” requirement in cases where the applicant did not file their adjustment application because USCIS could not calculate their CSPA age or would have calculated their CSPA age to be over 21 years old under the prior policy, but they are now eligible for CSPA age-out protection under the new policy. 7 • Clarifies that USCIS considers applicants whose adjustment of status applications were pending on February 14, 2023, to have satisfied the “sought to acquire” requirement if the applicant had applied for adjustment of status within 1 year of visa availability under the policy guidance in effect at the time of filing. Summary of Changes 6 See Volume 7, Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 7, Child Status Protection Act, Section F, Family and Employment-Based Preference and Diversity …

Review method

Two separate automated exact-claim source reviews

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